5 U.S.C. § 8331: Definitions

an employee as defined by section 2105 of this title ; the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; a Congressional employee as defined by section 2107 of this title (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954 ; an individual employed by a county committee established under section 590h(b) of title 16 ; an individual first employed by the government of the District of Columbia before October 1, 1987 ; an individual employed by Gallaudet College; an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 ( 72 Stat. 838 ); an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government for the purpose of protecting or furthering the interests of the United States during an interruption of diplomatic or consular relations, and (iii) for whose services reimbursement is made to the foreign government by the United States; an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended ( 78 Stat. 153 ), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and an employee described in section 2105(c) who has made an election under section 8347(q)(1) to remain covered under this subchapter; a justice or judge of the United States as defined by section 451 of title 28 ; an employee subject to another retirement system for Government employees (besides any employee excluded by clause (x), but including any employee who has made an election under section 8347(q)(2) to remain covered by a retirement system established for employees described in section 2105(c)); an employee or group of employees in or under an Executive agency excluded by the Office of Personnel Management under section 8347(g) of this title ; an individual or group of individuals employed by the government of the District of Columbia excluded by the Office under section 8347(h) of this title ; an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by section 610 of title 28 , excluded by the Director of the Administrative Office under section 8347( o ) of this title; a construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority; an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under section 8347(i) of this title ; an employee under the Library of Congress excluded by the Librarian of Congress under section 8347(j) of this title ; a student-employee as defined by section 5351 of this title ; an employee subject to the Federal Employees’ Retirement System; an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347( l ) of this title; or a member of the Foreign Service (as described in section 103(6) of the Foreign Service Act of 1980), appointed after December 31, 1987 . “Member” means a Member of Congress as defined by section 2106 of this title , after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter, but does not include any such Member of Congress who is subject to the Federal Employees’ Retirement System or who makes an election under section 8401(20) of this title not to be subject to such System; the amount a Member received from April 1, 1954 , to February 28, 1955 , as expense allowance under section 601(b) of the Legislative Reorganization Act of 1946 ( 60 Stat. 850 ), as amended; and that amount from January 3, 1953 , to March 31, 1954 , if deposit is made therefor as provided by section 8334 of this title ; subsection (a) of section 60e–7 of title 2 and the provisions of law referred to by that subsection; and sections 60e–8, 60e–9, 60e–10, 60e–11, 60e–12, 60e–13, and 60e–14 of title 2; premium pay under section 5545(c)(1) of this title ; with respect to a law enforcement officer, premium pay under section 5545(c)(2) of this title ; received by a criminal investigator under section 5545a of this title ; or received after September 11, 2001 , by a Federal air marshal or criminal investigator (as defined in section 5545a(a)(2)) of the Transportation Security Administration, subject to all restrictions and earning limitations imposed on criminal investigators receiving such pay under section 5545a, including the premium pay limitations under section 5547; pay as provided in section 5545b(b)(2) and (c)(2); with respect to a customs officer (referred to in subsection (e)(1) of section 5 of the Act of February 13, 1911 ), compensation for overtime inspectional services provided for under subsection (a) of such section 5, but not to exceed 50 percent of any statutory maximum in overtime pay for customs officers which is in effect for the year involved; any amount received under section 5948 (relating to physicians comparability allowances); and with respect to a border patrol agent, the amount of supplemental pay received through application of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay for scheduled overtime within the regular tour of duty of the border patrol agent as provided in section 5550; “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity under subsection (d) or (e)(1) of section 8341 of this title based on service of less than 3 years, over the total service, with each rate weighted by the time it was in effect; “Fund” means the Civil Service Retirement and Disability Fund; Repealed. Pub. L. 96–499, title IV, § 403(b) , Dec. 5, 1980 , 94 Stat. 2606 ;] “Government” means the Government of the United States, the government of the District of Columbia, Gallaudet University, and, in the case of an employee described in paragraph (1)(L), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c); retirement deductions made from the basic pay of an employee or Member; amounts deposited by an employee or Member covering earlier service, including any amounts deposited under section 8334(j) of this title ; and interest on the deductions and deposits at 4 percent a year to December 31, 1947 , and 3 percent a year thereafter compounded annually to December 31, 1956 , or, in the case of an employee or Member separated or transferred to a position in which he does not continue subject to this subchapter before he has completed 5 years of civilian service, to the date of the separation or transfer; if the service covered thereby aggregates 1 year or less; or for the fractional part of a month in the total service; “annuitant” means a former employee or Member who, on the basis of his service, meets all requirements of this subchapter for title to annuity and files claim therefor; “survivor” means an individual entitled to annuity under this subchapter based on the service of a deceased employee, Member, or annuitant; “survivor annuitant” means a survivor who files claim for annuity; “service” means employment creditable under section 8332 of this title ; in the armed forces; in the Regular or Reserve Corps 2 of the Public Health Service after 2 See Change of Name note below. June 30, 1960 ; or as a commissioned officer of the Environmental Science Services Administration after June 30, 1961 ; “Member service” means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member; “price index” means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; “base month” means the month for which the price index showed a percent rise forming the basis for a cost-of-living annuity increase; “normal-cost percentage” means the entry-age normal cost computed by the Office of Personnel Management in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay; the Federal Employees’ Retirement System; or contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees’ Retirement System; the present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this subchapter and of future agency contributions to be made in their behalf; plus the present value of Government payments to the Fund under section 8348(f) of this title ; plus the Fund balance as of the date the unfunded liability is determined; employees of the Bureau of Prisons and Federal Prison Industries, Incorporated; employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and employees of the Department of Corrections of the District of Columbia, its industries and utilities; “firefighter” means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position; who is serving as a United States bankruptcy judge on March 31, 1984 ; or whose service as a United States bankruptcy judge at any time in the period beginning on October 1, 1979 , and ending on July 10, 1984 , is terminated by reason of death or disability; or who is appointed as a bankruptcy judge under section 152 of title 28 ; if such individual performed at least 18 months of civilian service covered under this subchapter as an employee or Member, and if the former spouse was married to such individual for at least 9 months; “Indian court” means an Indian court as defined by section 201(3) of the Act entitled “An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes”, approved April 11, 1968 ( 25 U.S.C. 1301(3) ; 82 Stat. 77 ); “magistrate judge” or “United States magistrate judge” means an individual appointed under section 631 of title 28 ; “Court of Federal Claims judge” means a judge of the United States Court of Federal Claims who is appointed under chapter 7 of title 28 or who has served under section 167 of the Federal Courts Improvement Act of 1982; means an employee of the Department of Energy, the duties of whose position are primarily to transport, and provide armed escort and protection during transit of, nuclear weapons, nuclear weapon components, strategic quantities of special nuclear materials or other materials related to national security; and includes an employee who is transferred directly to a supervisory or administrative position within the same Department of Energy organization, after performing duties referred to in subparagraph (A) for at least 3 years; “Government physician” has the meaning given that term under section 5948; investment yields; increases in rates of basic pay; and rates of price inflation; a controller within the meaning of section 2109(1); and a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B); “customs and border protection officer” means an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007 ) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years; “Director” means the Director of the Office of Personnel Management; and “representative payee” means a person (including an organization) designated under section 8345(e)(1) to receive payments on behalf of a minor or an individual mentally incompetent or under other legal disability. shall take effect on the date of the enactment of this Act [ Mar. 18, 2020 ]; and apply on and after the effective date of the regulations promulgated under section 3(b)(1) [set out as a note under this section].” Subject to paragraph (2), this section [amending this section], and the amendments made by this section, shall take effect on the first day of the first pay period commencing on or after the date of enactment of this section [ Oct. 5, 2018 ]. Any availability pay received for any pay period commencing before the date of enactment of this Act by a Federal air marshal or criminal investigator employed by the Transportation Security Administration shall be deemed basic pay under section 8331(3) of title 5 , United States Code, if the Transportation Security Administration treated such pay as retirement-creditable basic pay, but the Office of Personnel Management, based on an interpretation of section 8331(3) of title 5 , United States Code, did not accept such pay as retirement-creditable basic pay. Not later than 3 months after the date of enactment of this Act, the Director of the Office of Personnel Management shall commence taking such actions as are necessary to implement the amendments made by this section with respect to availability pay deemed to be basic pay under subparagraph (A).” any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of this Act [ Jan. 28, 2008 ]; and any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after the date of enactment of this Act.” September 30, 1998 ; or the date of the enactment of this Act [ Oct. 17, 1998 ]. October 1, 1998 ; or the date of the enactment of this Act. The amendments made by subsection (a) [amending section 3307 of this title ] shall take effect on the date of the enactment of this Act. The amendments made by subsections (d) and (k) [amending sections 8335 and 8425 of this title] shall take effect 1 year after the date of the enactment of this Act.” Except as provided in subsection (b), this Act and the amendments made by this Act [renumbering a provision set out as a note under section 101 of Title 11 , Bankruptcy] shall take effect on July 10, 1984 . The amendments made by section 2 [amending this section and sections 8336 and 8339 of this title] shall take effect on March 31, 1984 .” shall promulgate regulations to carry out the amendments made by section 2 [enacting sections 8345a and 8466a of this title and amending this section and sections 8345, 8401, and 8466 of this title]; and may promulgate additional regulations relating to the administration of the representative payee program.” For purposes of chapters 83 and 84 of title 5, United States Code, a hazardous materials response team member of the Capitol Police shall be treated as a member of the Capitol Police. This subsection shall apply to periods of service performed as a hazardous materials response team member of the Capitol Police on and after December 1, 2002 . is first appointed as a hazardous materials response team member of the Capitol Police before the effective date of this section; and is employed as a hazardous materials response team member of the Capitol Police on that date; and ‘prior service’ means any period of service performed by an incumbent as a hazardous materials response team member of the Capitol Police before the effective date of this section. the difference between the individual contributions that were actually made for such prior service and the individual contributions that would have been made for such service if subsection (a) had then been in effect; and interest computed on the amount under clause (i) based on section 8334(e) of title 5 , United States Code. If no part of or less than the full amount required under subparagraph (A) is paid, all prior service of the incumbent shall remain fully creditable as treated under subsection (a), but the resulting annuity shall be reduced in a manner similar to that described under section 8334(d)(2) of title 5 , United States Code, to the extent necessary to make up the amount unpaid. the difference between the Government contributions that were actually made for such prior service and the Government contributions that would have been made for such service if subsection (a) had then been in effect; and interest computed on the amount under subparagraph (A) based on section 8334(e) of title 5 , United States Code. This section shall take effect on the first day of the first applicable pay period beginning on or after the date of enactment of this Act [ Sept. 30, 2003 ].” Any period of service performed before the effective date of this section by an individual as a member of the Supreme Court Police, who is such a member on such date, shall be deemed to be service performed as a law enforcement officer for purposes of chapters 83 and 84 of title 5, United States Code. Notwithstanding any amendment made by this section, any period of service performed before the effective date of this section by an individual as a member of the Supreme Court Police, who is not such a member on such date, shall be employee service for purposes of chapters 83 and 84 of title 5, United States Code. the amount that was deducted and withheld from basic pay under chapters 83 and 84 of title 5, United States Code, for the period of service described in the first sentence of paragraph (1); and the amount that should have been deducted and withheld for such period of service, if it had instead been performed as a law enforcement officer; and interest as prescribed under section 8334(e) of title 5 , United States Code, based on the amount determined under clause (i); and with respect to the period of service described in subparagraph (A), the difference between the Government contributions that were in fact made to the Civil Service Retirement and Disability Fund for such service, and the amount that would have been required if such service had instead been performed as a law enforcement officer, subject to subsection (f). Payments under paragraph (2) shall be paid from the salaries and expenses account from appropriations to the Supreme Court of the United States, including any prior year unobligated balances, and deposited in the Civil Service Retirement and Disability Fund. The Marshal of the Supreme Court of the United States shall pay into the Civil Service Retirement and Disability Fund an amount determined by the Director of the Office of Personnel Management to be necessary to reimburse the Fund for any estimated increase in the unfunded liability of the Fund resulting from the amendments related to the Civil Service Retirement System under this section, and for any estimated increase in the supplemental liability of the Fund resulting from the amendments related to the Federal Employees’ Retirement System under this section. The amount determined under paragraph (1) shall be paid in 5 equal annual installments with interest computed at the rates used in the most recent valuation of the Federal Employees’ Retirement System. Payments under this subsection shall be made from amounts available from the salaries and expenses account from appropriations to the Supreme Court of the United States, including any prior year unobligated balances. Nothing in section 8335(e) or 8425(d) of title 5, United States Code, as added by this section, shall require the automatic separation of any member of the Supreme Court Police before the end of the 2-year period beginning on the effective date of this section. Notwithstanding any other provision of this section, Government contributions to the Civil Service Retirement and Disability Fund on behalf of a member of the Supreme Court Police shall, with respect to any service performed during the period beginning on January 1, 1999 , and ending on December 31, 2002 , while subject to the Federal Employees’ Retirement System, be determined in the same way as if this section had never been enacted. Nothing in this section or in any amendment made by this section shall, with respect to any service performed before the effective date of such amendment, have the effect of reducing the percentage applicable in computing any portion of an annuity based on service as a member of the Supreme Court Police below the percentage which would otherwise apply if this section had not been enacted. This section and the amendments made by this section shall apply only to an individual who is employed as a member of the Supreme Court Police after the later of October 1, 2000 , or the date of enactment of this Act [ Dec. 21, 2000 ]. Except as otherwise provided in this section, this section and the amendments made by this section shall take effect on the first day of the first applicable pay period that begins on the later of October 1, 2000 , or the date of enactment of this Act.” This title may be cited as the ‘Federal Erroneous Retirement Coverage Corrections Act’. The term ‘annuitant’ has the meaning given such term under section 8331(9) or 8401(2) of title 5, United States Code. The term ‘CSRS’ means the Civil Service Retirement System. The term ‘CSRDF’ means the Civil Service Retirement and Disability Fund. The term ‘CSRS covered’, with respect to any service, means service that is subject to the provisions of subchapter III of chapter 83 of title 5, United States Code, other than service subject to section 8334(k) of such title. The term ‘CSRS-Offset covered’, with respect to any service, means service that is subject to the provisions of subchapter III of chapter 83 of title 5, United States Code, and to section 8334(k) of such title. The term ‘employee’ has the meaning given such term under section 8331(1) or 8401(11) of title 5, United States Code. The term ‘Executive Director of the Federal Retirement Thrift Investment Board’ or ‘Executive Director’ means the Executive Director appointed under section 8474 of title 5 , United States Code. The term ‘FERS’ means the Federal Employees’ Retirement System. The term ‘FERS covered’, with respect to any service, means service that is subject to chapter 84 of title 5, United States Code. The term ‘former employee’ means an individual who was an employee, but who is not an annuitant. The term ‘OASDI taxes’ means the OASDI employee tax and the OASDI employer tax. The term ‘OASDI employee tax’ means the tax imposed under section 3101(a) of the Internal Revenue Code of 1986 [ 26 U.S.C. 3101(a) ] (relating to Old-Age, Survivors and Disability Insurance). The term ‘OASDI employer tax’ means the tax imposed under section 3111(a) of the Internal Revenue Code of 1986 [ 26 U.S.C. 3111(a) ] (relating to Old-Age, Survivors and Disability Insurance). The term ‘OASDI trust funds’ means the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. The term ‘Office’ means the Office of Personnel Management. The term ‘retirement coverage determination’ means a determination by an employee or agent of the Government as to whether a particular type of Government service is CSRS covered, CSRS-Offset covered, FERS covered, or Social Security-Only covered. The term ‘retirement coverage error’ means an erroneous retirement coverage determination that was in effect for a minimum period of 3 years of service after December 31, 1986 . constitutes employment under section 210 of the Social Security Act ( 42 U.S.C. 410 ); and is subject to OASDI taxes; but is not subject to CSRS or FERS. The term ‘survivor’ has the meaning given such term under section 8331(10) or 8401(28) of title 5, United States Code. The term ‘Thrift Savings Fund’ means the Thrift Savings Fund established under section 8437 of title 5 , United States Code. This title shall apply with respect to retirement coverage errors that occur before, on, or after the date of the enactment of this Act [ Sept. 19, 2000 ]. Except as otherwise provided in this title, this title shall not apply to any erroneous retirement coverage determination that was in effect for a period of less than 3 years of service after December 31, 1986 . “Any election made (or deemed to have been made) by an employee or any other individual under this title shall be irrevocable. This section shall apply in the case of any employee or former employee who should be (or should have been) FERS covered but, as a result of a retirement coverage error, is (or was) CSRS covered or CSRS-Offset covered instead. This subsection applies if the retirement coverage error has not been corrected before the effective date of the regulations described under paragraph (3). As soon as practicable after discovery of the error, and subject to the right of an election under paragraph (2), if CSRS covered or CSRS-Offset covered, such individual shall be treated as CSRS-Offset covered, retroactive to the date of the retirement coverage error. Upon written notice of a retirement coverage error, an individual may elect to be CSRS-Offset covered or FERS covered, effective as of the date of the retirement coverage error. Such election shall be made not later than 180 days after the date of receipt of such notice. If the individual does not make an election by the date provided under subparagraph (A), a CSRS-Offset covered individual shall remain CSRS-Offset covered and a CSRS covered individual shall be treated as CSRS-Offset covered. The Office shall prescribe regulations to carry out this subsection. This subsection applies if the retirement coverage error was corrected before the effective date of the regulations described under subsection (b). Not later than 180 days after the date of the enactment of this Act [ Sept. 19, 2000 ], the Office shall prescribe regulations authorizing individuals to elect, during the 18-month period immediately following the effective date of such regulations, to be CSRS-Offset covered, effective as of the date of the retirement coverage error. If under this section an individual elects to be CSRS-Offset covered, all employee contributions to the Thrift Savings Fund made during the period of FERS coverage (and earnings on such contributions) may remain in the Thrift Savings Fund in accordance with regulations prescribed by the Executive Director, notwithstanding any limit under title 5, United States Code, that would otherwise be applicable. An individual who previously received a payment ordered by a court or provided as a settlement of claim for losses resulting from a retirement coverage error shall not be entitled to make an election under this subsection unless that amount is waived in whole or in part under section 2208, and any amount not waived is repaid. An individual who, subsequent to correction of the retirement coverage error, received a refund of retirement deductions under section 8424 of title 5 , United States Code, or a distribution under section 8433(b), (c), or (h)(1)(A) of title 5, United States Code, may not make an election under this subsection. If an individual is ineligible to make an election or does not make an election under paragraph (2) before the end of any time limitation under this subsection, the corrective action taken before such time limitation shall remain in effect. an annuitant who should have been FERS covered but, as a result of a retirement coverage error, was CSRS covered or CSRS-Offset covered instead; or a survivor of an employee who should have been FERS covered but, as a result of a retirement coverage error, was CSRS covered or CSRS-Offset covered instead. Not later than 180 days after the date of the enactment of this Act [ Sept. 19, 2000 ], the Office shall prescribe regulations authorizing an individual described under subsection (a) to elect CSRS-Offset coverage or FERS coverage, effective as of the date of the retirement coverage error. An election under this subsection shall be made not later than 18 months after the effective date of the regulations prescribed under paragraph (1). If the individual elects CSRS-Offset coverage, the amount in the employee’s Thrift Savings Fund account under subchapter III of chapter 84 of title 5, United States Code, on the date of retirement that represents the Government’s contributions and earnings on those contributions (whether or not such amount was subsequently distributed from the Thrift Savings Fund) will form the basis for a reduction in the individual’s annuity, under regulations prescribed by the Office. The reduced annuity to which the individual is entitled shall be equal to an amount which, when taken together with the amount referred to in subparagraph (A), would result in the present value of the total being actuarially equivalent to the present value of an unreduced CSRS-Offset annuity that would have been provided the individual. a surviving spouse elects CSRS-Offset benefits; and a FERS basic employee death benefit under section 8442(b) of title 5 , United States Code, was previously paid, An individual who previously received a payment ordered by a court or provided as a settlement of claim for losses resulting from a retirement coverage error may not make an election under this subsection unless repayment of that amount is waived in whole or in part under section 2208, and any amount not waived is repaid. If corrective action was taken before the end of any time limitation under this section, that corrective action shall remain in effect. If corrective action was not taken before such time limitation, the employee shall be CSRS-Offset covered, retroactive to the date of the retirement coverage error. should be (or should have been) FERS covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead; should be (or should have been) CSRS-Offset covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead; or should be (or should have been) CSRS covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead. If the retirement coverage error has not been corrected, as soon as practicable after discovery of the error, such individual shall be covered under the correct retirement coverage, effective as of the date of the retirement coverage error. If the retirement coverage error has been corrected, the corrective action previously taken shall remain in effect. This section applies in the case of a retirement coverage error in which a Social Security-Only covered employee was erroneously CSRS covered or CSRS-Offset covered. This subsection applies if the retirement coverage error has not been corrected before the effective date of the regulations described in paragraph (3). In the case of an individual who is erroneously CSRS covered, as soon as practicable after discovery of the error, and subject to the right of an election under paragraph (3), such individual shall be CSRS-Offset covered, effective as of the date of the retirement coverage error. Upon written notice of a retirement coverage error, an individual may elect to be CSRS-Offset covered or Social Security-Only covered, effective as of the date of the retirement coverage error. Such election shall be made not later than 180 days after the date of receipt of such notice. If the individual does not make an election before the date provided under subparagraph (A), the individual shall remain CSRS-Offset covered. The Office shall prescribe regulations to carry out this paragraph. This subsection applies if the retirement coverage error was corrected before the effective date of the regulations described under subsection (b)(3). Not later than 180 days after the date of the enactment of this Act [ Sept. 19, 2000 ], the Office shall prescribe regulations authorizing individuals to elect, during the 18-month period immediately following the effective date of such regulations, to be CSRS-Offset covered or Social Security-Only covered, effective as of the date of the retirement coverage error. If an eligible individual does not make an election under paragraph (2) before the end of any time limitation under this subsection, the corrective action taken before such time limitation shall remain in effect. This section applies in the case of a retirement coverage error in which a Social Security-Only covered, CSRS covered, or CSRS-Offset covered employee not eligible to elect FERS coverage under authority of section 8402(c) of title 5 , United States Code, was erroneously FERS covered. This subsection applies if the retirement coverage error has not been corrected before the effective date of the regulations described in paragraph (2). Upon written notice of a retirement coverage error, an individual may elect to remain FERS covered or to be Social Security-Only covered, CSRS covered, or CSRS-Offset covered, as would have applied in the absence of the erroneous retirement coverage determination, effective as of the date of the retirement coverage error. Such election shall be made not later than 180 days after the date of receipt of such notice. An election of FERS coverage under this subsection is deemed to be an election under section 301 of the Federal Employees Retirement System Act of 1986 ( 5 U.S.C. 8331 note; Public Law 99–335 ; 100 Stat. 599 ). If the individual does not make an election before the date provided under subparagraph (A), the individual shall remain FERS covered, effective as of the date of the retirement coverage error. If under this section, an individual elects to be Social Security-Only covered, CSRS covered, or CSRS-Offset covered, all employee contributions to the Thrift Savings Fund made during the period of erroneous FERS coverage (and all earnings on such contributions) may remain in the Thrift Savings Fund in accordance with regulations prescribed by the Executive Director, notwithstanding any limit under section 8351 or 8432 of title 5, United States Code. Except as provided under paragraph (3), the Office shall prescribe regulations to carry out this subsection. This subsection applies if the retirement coverage error was corrected before the effective date of the regulations described under paragraph (2). Not later than 180 days after the date of the enactment of this Act [ Sept. 19, 2000 ], the Office shall prescribe regulations authorizing individuals to elect, during the 18-month period immediately following the effective date of such regulations to remain Social Security-Only covered, CSRS covered, or CSRS-Offset covered, or to be FERS covered, effective as of the date of the retirement coverage error. If an eligible individual does not make an election under paragraph (2), the corrective action taken before the end of any time limitation under this subsection shall remain in effect. An election of FERS coverage under this subsection is deemed to be an election under section 301 of the Federal Employees Retirement System Act of 1986 ( 5 U.S.C. 8331 note; Public Law 99–335 ; 100 Stat. 599 ). is deemed to have elected FERS coverage; and shall remain covered by FERS, unless the individual declines, under regulations prescribed by the Office, to be FERS covered. If an individual described under paragraph (1)(B) declines to be FERS covered, such individual shall be CSRS covered, CSRS-Offset covered, or Social Security-Only covered, as would apply in the absence of a FERS election, effective as of the date of the erroneous retirement coverage determination. If under this section, an individual declines to be FERS covered and instead is Social Security-Only covered, CSRS covered, or CSRS-Offset covered, as would apply in the absence of a FERS election, all employee contributions to the Thrift Savings Fund made during the period of erroneous FERS coverage (and all earnings on such contributions) may remain in the Thrift Savings Fund in accordance with regulations prescribed by the Executive Director, notwithstanding any limit under title 5, United States Code, that would otherwise be applicable. This section shall apply regardless of the length of time the erroneous coverage determination remained in effect. “This chapter shall be effective as of January 1, 1987 , except that section 2132 shall not apply to individuals who made or were deemed to have made elections similar to those provided in this section under regulations prescribed by the Office before the effective date of this title. “This chapter shall apply in the case of any employee who should be (or should have been) CSRS-Offset covered but, as a result of a retirement coverage error, is (or was) CSRS covered instead. If the retirement coverage error has not been corrected, as soon as practicable after discovery of the error, such individual shall be covered under the correct retirement coverage, effective as of the date of the retirement coverage error. If the retirement coverage error has been corrected before the effective date of this title, the corrective action taken before such date shall remain in effect. “This chapter shall apply in the case of any employee who should be (or should have been) CSRS covered but, as a result of a retirement coverage error, is (or was) CSRS-Offset covered instead. If the retirement coverage error has not been corrected, as soon as practicable after discovery of the error, such individual shall be covered under the correct retirement coverage, effective as of the date of the retirement coverage error. If the retirement coverage error has been corrected before the effective date of this title, the corrective action taken before such date shall remain in effect. “Government agencies shall take all such measures as may be reasonable and appropriate to promptly identify and notify individuals who are (or have been) affected by a retirement coverage error of their rights under this title. the Director of the Office of Personnel Management; the Commissioner of Social Security; and the Executive Director of the Federal Retirement Thrift Investment Board. Each authority identified in subsection (a) may secure directly from any department or agency of the United States information necessary to enable such authority to carry out its responsibilities under this title. Upon request of the authority involved, the head of the department or agency involved shall furnish that information to the requesting authority. Each authority identified in subsection (a) may provide directly to any department or agency of the United States all information such authority believes necessary to enable the department or agency to carry out its responsibilities under this title. request or provide only such information as that authority considers necessary; and establish, by regulation or otherwise, appropriate safeguards to ensure that any information obtained under this section shall be used only for the purpose authorized. a FERS covered employee was erroneously CSRS covered or CSRS-Offset covered; the employee made a service credit deposit under the CSRS rules; and there is a subsequent retroactive change to FERS coverage, the employee owed a service credit deposit under section 8411(f) of title 5 , United States Code; and there is a subsequent retroactive change to CSRS or CSRS-Offset coverage; or the service becomes creditable under chapter 83 of title 5, United States Code. If at the time of commencement of an annuity there is remaining unpaid CSRS civilian or military service credit deposit for service described under paragraph (1), the annuity shall be reduced based upon the amount unpaid together with interest computed in accordance with section 8334(e)(2) and (3) of title 5, United States Code, and regulations prescribed by the Office. The reduced annuity to which the individual is entitled shall be equal to an amount that, when taken together with the amount referred to under subparagraph (A), would result in the present value of the total being actuarially equivalent to the present value of the unreduced annuity benefit that would have been provided the individual. If at the time of commencement of a survivor annuity, there is remaining unpaid any CSRS service credit deposit described under paragraph (1), and there has been no actuarial reduction in an annuity under paragraph (2), the survivor annuity shall be reduced based upon the amount unpaid together with interest computed in accordance with section 8334(e)(2) and (3) of title 5, United States Code, and regulations prescribed by the Office. The reduced survivor annuity to which the individual is entitled shall be equal to an amount that, when taken together with the amount referred to under subparagraph (A), would result in the present value of the total being actuarially equivalent to the present value of an unreduced survivor annuity benefit that would have been provided the individual. is or was employed erroneously subject to CSRS coverage as a result of a retirement coverage error; and is or was retroactively converted to CSRS-offset coverage, FERS coverage, or Social Security-Only coverage; and ‘excess CSRS deduction amount’ means an amount equal to the difference between the CSRS deductions withheld and the CSRS-Offset or FERS deductions, if any, due with respect to a covered individual during the entire period the individual was erroneously subject to CSRS coverage as a result of a retirement coverage error. the total wages (as defined in section 3121(a) of the Internal Revenue Code of 1986 [ 26 U.S.C. 3121(a) ]) paid to such individual during each year of the entire period of the erroneous CSRS coverage; and such additional information as the Commissioner may require for the purpose of carrying out the Commissioner’s responsibilities under title II of the Social Security Act ( 42 U.S.C. 401 et seq.). The head of an agency or the Office shall comply with a request from the Commissioner under paragraph (1). For purposes of section 201 of the Social Security Act ( 42 U.S.C. 401 ), wages reported under this subsection shall be deemed to be wages reported to the Secretary of the Treasury or the Secretary’s delegates pursuant to subtitle F of the Internal Revenue Code of 1986 [ 26 U.S.C. 6001 et seq.]. The Office shall transfer from the Civil Service Retirement and Disability Fund to the General Fund of the Treasury an amount equal to the lesser of the excess CSRS deduction amount or the OASDI taxes due for covered individuals (as adjusted by amounts transferred relating to applicable OASDI employee taxes as a result of corrections made, including corrections made before the date of the enactment of this Act [ Sept. 19, 2000 ]). If the excess CSRS deductions exceed the OASDI taxes, any difference shall be paid to the covered individual or survivors, as appropriate. Each employing agency shall pay an amount equal to the OASDI employer taxes owed with respect to covered individuals during the applicable period of erroneous coverage (as adjusted by amounts transferred for the payment of such taxes as a result of corrections made, including corrections made before the date of the enactment of this Act [ Sept. 19, 2000 ]). Amounts paid under this subsection shall be determined subject to any limitation under section 6501 of the Internal Revenue Code of 1986 [ 26 U.S.C. 6501 ]. is eligible to make an election of coverage under section 2101 or 2102, and only if FERS coverage is elected (or remains in effect) for the employee involved; or is described in section 2111, and makes or has made retroactive employee contributions to the Thrift Savings Fund under regulations prescribed by the Executive Director. With respect to an individual to whom this section applies, the employing agency shall pay to the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code, for credit to the account of the employee involved, an amount equal to the earnings which are disallowed under section 8432a(a)(2) of such title on the employee’s retroactive contributions to such Fund. Earnings under subparagraph (A) shall be computed in accordance with the procedures for computing lost earnings under section 8432a of title 5 , United States Code. The amount paid by the employing agency shall be treated for all purposes as if that amount had actually been earned on the basis of the employee’s contributions. If an individual made retroactive contributions before the effective date of the regulations under section 2101(c), the Director may provide for an alternative calculation of lost earnings to the extent that a calculation under subparagraph (B) is not administratively feasible. The alternative calculation shall yield an amount that is as close as practicable to the amount computed under subparagraph (B), taking into account earnings previously paid. In cases in which the retirement coverage error was corrected before the effective date of the regulations under section 2101(c), the employee involved shall have an additional opportunity to make retroactive contributions for the period of the retirement coverage error (subject to applicable limits), and such contributions (including any contributions made after the date of the correction) shall be treated in accordance with paragraph (1). The Executive Director shall prescribe regulations appropriate to carry out this section relating to retroactive employee contributions and payments made on or after the effective date of the regulations under section 2101(c). The Office, in consultation with the Federal Retirement Thrift Investment Board, shall prescribe regulations appropriate to carry out this section relating to the calculation of lost earnings on retroactive employee contributions made before the effective date of the regulations under section 2101(c). remain in the CSRDF; and may not be paid or credited to an agency. Paragraph (1) refers to any amount of contributions made by an agency under section 8423 of title 5 , United States Code, on behalf of any employee, former employee, or annuitant (or survivor of such employee, former employee, or annuitant) who makes an election to correct a retirement coverage error under this title, that the Office determines to be excess as a result of such election. shall pay the required additional amount into the CSRDF; and shall not seek repayment of that amount from the employee, former employee, annuitant, or survivor. the individual has been employed with CSRS coverage within the preceding 365 days; or the Office has agreed in writing that the agency’s coverage determination is correct. extend the deadlines for making elections under this title in circumstances involving an individual’s inability to make a timely election due to a cause beyond the individual’s control; provide for the reimbursement of necessary and reasonable expenses incurred by an individual with respect to settlement of a claim for losses resulting from a retirement coverage error, including attorney’s fees, court costs, and other actual expenses; compensate an individual for monetary losses that are a direct and proximate result of a retirement coverage error, excluding claimed losses relating to forgone contributions and earnings under the Thrift Savings Plan under subchapter III of chapter 84 of title 5, United States Code, and all other investment opportunities; and waive payments required due to correction of a retirement coverage error under this title. In exercising the authority under this section, the Director shall, to the extent practicable, provide for similar actions in situations involving similar circumstances. Actions taken under this section are final and conclusive, and are not subject to administrative or judicial review. The Office of Personnel Management shall prescribe regulations regarding the process and criteria used in exercising the authority under this section. The Office of Personnel Management shall, not later than 180 days after the date of the enactment of this Act [ Sept. 19, 2000 ], and annually thereafter for each year in which the authority provided in this section is used, submit a report to each House of Congress on the operation of this section. In addition to the regulations specifically authorized in this title, the Office may prescribe such other regulations as are necessary for the administration of this title. The regulations prescribed under this title shall provide for protection of the rights of a former spouse with entitlement to an apportionment of benefits or to survivor benefits based on the service of the employee. the Civil Service Retirement System, to the extent this title relates to the Civil Service Retirement System; and the Federal Employees’ Retirement System, to the extent this title relates to the Federal Employees’ Retirement System. the Civil Service Retirement System, to the extent this title relates to the Civil Service Retirement System; and the Federal Employees’ Retirement System, to the extent this title relates to the Federal Employees’ Retirement System. “All payments authorized or required by this title to be paid from the Civil Service Retirement and Disability Fund, together with administrative expenses incurred by the Office in administering this title, shall be deemed to have been authorized to be paid from that Fund, which is appropriated for the payment thereof. “Nothing in this title shall preclude an individual from bringing a claim against the Government of the United States which such individual may have under section 1346(b) or chapter 171 of title 28, United States Code, or any other provision of law (except to the extent the claim is for any amounts otherwise provided for under this title). “Except as otherwise provided in this title, this title shall take effect on the date of the enactment of this Act [ Sept. 19, 2000 ].” The Secretary of Defense, after consultation with the Director of the Office of Personnel Management, may establish one or more pilot programs under which Federal retirement benefits are provided in accordance with this section to persons who convert from Federal employment to employment by a Department of Defense contractor in connection with the privatization of the performance of functions at selected military installations being closed under the base closure and realignment process. The Secretary of Defense shall select the military installations to be covered by a pilot program under this section. while employed by the Department of Defense at a military installation selected to participate in a pilot program, performed a function that was recommended, in a report of the Defense Base Closure and Realignment Commission submitted to the President under the Defense Base Closure and Realignment Act of 1990 ([part A of] title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note), to be privatized for performance by a defense contractor at the same installation or in the vicinity of the installation; while so employed, separated from Federal service after being notified that the employee would be separated in a reduction in force resulting from such privatization; at the time separated from Federal service, was covered under the Civil Service Retirement System, but was not eligible for an immediate annuity under the Civil Service Retirement System; does not withdraw retirement contributions under section 8342 of title 5 , United States Code; within 60 days following such separation, is employed by the defense contractor selected to privatize the function to perform substantially the same function performed by the person before the separation; and remains employed by the defense contractor (or a successor defense contractor) or subcontractor of the defense contractor (or successor defense contractor) until attaining early deferred retirement age (unless the employment is sooner involuntarily terminated for reasons other than performance or conduct of the employee). A person who, under paragraph (1), would otherwise be eligible for an early deferred annuity under this section shall not be eligible for such benefits if the person received separation pay or severance pay due to a separation described in subparagraph (B) of that paragraph unless the person repays the full amount of such pay with interest (computed at a rate determined appropriate by the Director of the Office of Personnel Management) to the Department of Defense before attaining early deferred retirement age. In the case of a converted employee covered by a pilot program, payment of a deferred annuity for which the converted employee is eligible under section 8338(a) of title 5 , United States Code, shall commence on the first day of the first month that begins after the date on which the converted employee attains early deferred retirement age, notwithstanding the age requirement under that section. If the employment of a converted employee is involuntarily terminated by the defense contractor or subcontractor as described in subsection (b)(1)(F) and the converted employee resumes Federal service before the converted employee attains early deferred retirement age, the converted employee shall once again be covered under the Civil Service Retirement System instead of the pilot program. This paragraph applies to a converted employee who was employed in a position classified under the General Schedule immediately before the employee’s covered separation from Federal service. Subject to subparagraph (C), for purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under section 8331(4) of title 5 , United States Code, as of the date of the employee’s covered separation from Federal service, shall be adjusted at the same time and by the same percentage that rates of basic pay are increased under section 5303 of such title during the period beginning on that date and ending on the date on which the converted employee attains early deferred retirement age. The average pay of a converted employee, as adjusted under subparagraph (B), may not exceed the amount to which an annuity of the converted employee could be increased under section 8340 of title 5 , United States Code, in accordance with the limitation in subsection (g)(1) of such section (relating to maximum pay, final pay, or average pay). This paragraph applies to a converted employee who was a prevailing rate employee (as defined under section 5342(2) [5342(a)(2)] of title 5, United States Code) immediately before the employee’s covered separation from Federal service. For purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under section 8331(4) of title 5 , United States Code, as of the date of the employee’s covered separation from Federal service, shall be adjusted at the same time and by the same percentage that pay rates for positions that are in the same area as, and are comparable to, the last position the converted employee held as a prevailing rate employee, are increased under section 5343(a) of such title during the period beginning on that date and ending on the date on which the converted employee attains early deferred retirement age. an increase in the average pay of the converted employee under subsection (d) upon which such benefits are computed; and the commencement of an early deferred annuity in accordance with this section before the attainment of 62 years of age by the converted employee. The estimated increase in the unfunded liability for each department referred to in paragraph (1) shall be determined by the Director of the Office of Personnel Management. In making the determination, the Director shall consider any savings to the Fund as a result of a pilot program established under this section. The Secretary of the military department concerned shall pay the amount so determined to the Director in 10 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in average pay under subsection (d) becomes effective. Service performed by a converted employee for a defense contractor after the employee’s covered separation from Federal service is not creditable service for purposes of subchapter III of chapter 83 of title 5, United States Code. A converted employee may commence receipt of an early deferred annuity in accordance with this section while continuing to work for a defense contractor. If a converted employee dies before attaining early deferred retirement age, such employee shall be treated as a former employee who dies not retired for purposes of payment of the lump-sum credit under section 8342(d) of title 5 , United States Code. Notwithstanding section 8905a(e)(1)(A) of title 5 , United States Code, the continued coverage of a converted employee for health benefits under chapter 89 of such title by reason of the application of section 8905a of such title to such employee shall terminate 90 days after the date of the employee’s covered separation from Federal employment. For the purposes of the preceding sentence, a person who, except for subsection (b)(2), would be a converted employee shall be considered a converted employee. an evaluation of the success of the privatization outcomes of the program; a comparison and evaluation of such privatization outcomes with the privatization outcomes with respect to facilities at other military installations closed or realigned under the base closure laws; an evaluation of the impact of the program on the Federal workforce and whether the program results in the maintenance of a skilled workforce for defense contractors at an acceptable cost to the military department concerned; and an assessment of the extent to which the program is a cost-effective means of facilitating privatization of the performance of Federal activities. Recommendations relating to the expansion of the program to other installations and employees. Any other recommendation relating to the program. Not later than 30 days after the Secretary of Defense notifies the Director of the Office of Personnel Management of a decision to establish a pilot program under this section, the Director shall prescribe regulations to carry out the provisions of this section with respect to that pilot program. Before prescribing the regulations, the Director shall consult with the Secretary. The term ‘converted employee’ means a person who, pursuant to subsection (b), is eligible for benefits under this section. The term ‘covered separation from Federal service’ means a separation from Federal service as described under subsection (b)(1)(B). The term ‘Civil Service Retirement System’ means the retirement system under subchapter III of chapter 83 of title 5, United States Code. contracts with the Department of Defense to perform a function previously performed by Department of Defense employees; performs that function at the same installation at which such function was previously performed by Department of Defense employees or in the vicinity of that installation; and is the employer of one or more converted employees. The term ‘early deferred retirement age’ means the first age at which a converted employee would have been eligible for immediate retirement under subsection (a) or (b) of section 8336 of title 5 , United States Code, if such converted employee had remained an employee within the meaning of section 8331(1) of such title continuously until attaining such age. The term ‘severance pay’ means severance pay payable under section 5595 of title 5 , United States Code. The term ‘separation pay’ means separation pay payable under section 5597 of title 5 , United States Code. In the event that a pilot program is established for a military installation, the pilot program shall apply to a covered separation from Federal service by an employee of the Department of Defense at the installation occurring on or after August 1, 1996 .” who, on or after the date of the enactment of this Act [ Mar. 30, 1994 ] retires under section 8336(d)(2) of such title; and to whom a voluntary separation incentive payment has been or is to be paid by such agency based on that retirement. the term ‘final basic pay’, with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor; and a voluntary separation incentive payment under section 3 [ 5 U.S.C. 5597 note] (including under any program established under section 3(f)); and any separation pay under section 5597 of title 5 , United States Code. the number of employees of such agency who, as of March 31st of such fiscal year, are subject to subchapter III of chapter 83 or chapter 84 of such title; multiplied by $80. For the purpose of this subsection, the term ‘agency’ means an Executive agency (as defined by section 105 of title 5 , United States Code), but does not include the General Accounting Office [now Government Accountability Office]. The Director of the Office of Personnel Management may prescribe any regulations necessary to carry out this section.” Any individual (other than an individual under subsection (b)) who, as of June 30, 1987 , is employed by the Federal Government, and who is then subject to subchapter III of chapter 83 of title 5, United States Code, may elect to become subject to chapter 84 of such title. An election under this paragraph may not be made before July 1, 1987 , or after December 31, 1987 . Any individual who, after June 30, 1987 , becomes reemployed by the Federal Government, and who is then subject to subchapter III of chapter 83 of title 5, United States Code, may elect to become subject to chapter 84 of such title. An election under this paragraph shall not be effective unless it is made during the six-month period beginning on the date on which reemployment commences. who is excluded from the operation of subchapter III of chapter 83 of title 5, United States Code, under subsection (g), (i), (j), or ( l ) of section 8347 of such title, and with respect to whom chapter 84 of title 5, United States Code, does not apply because of section 8402(b)(2) of such title, An election under this paragraph may not be made by any individual who would be excluded from the operation of chapter 84 of title 5, United States Code, under section 8402(c) of such title (relating to exclusions based on the temporary or intermittent nature of one’s employment). A member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980 [ 22 U.S.C. 3903(6) ] shall be ineligible to make any election under this subsection. to become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; or to become subject to chapter 84 of such title. shall, as of January 1, 1987 , become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; and may (during the six-month period described in subsection (a)(1)(B)) elect to become subject to chapter 84 of such title. elect to become subject to chapter 84 of such title; or if such individual has not since made an election described in subparagraph (B), elect to become subject to subchapter III of chapter 83 of such title under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter. during the period after December 31, 1986 , and before July 1, 1987 ; or after December 31, 1987 , if such individual has not since become subject to subchapter III of chapter 83, or chapter 84, of such title. Any individual who becomes subject to subchapter III of chapter 83 of such title pursuant to notification under section 8331(2) of such title after December 31, 1986 , shall become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter. shall take effect beginning with the first pay period beginning after the date of the election; and shall be irrevocable. An election under this section to become subject to chapter 84 of title 5, United States Code, shall not be considered effective in the case of an individual having one or more former spouses, unless the election is made with the written consent of such former spouse (or each such former spouse, if there is more than one). This subsection applies with respect to a former spouse who (based on the service of the individual involved) is entitled to benefits under section 8341(h) or 8345(j) of title 5, United States Code, under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office of Personnel Management has been duly notified. This subsection does not apply with respect to a former spouse who has ceased to be so entitled as a result of remarrying before age 55. that the former spouse’s whereabouts cannot be determined; or that, due to exceptional circumstances, requiring the individual to seek the former spouse’s consent would otherwise be inappropriate. files application for extension before the end of the period during which such individual would otherwise be eligible to make such election; and demonstrates to the satisfaction of the Office that the extension is needed to secure the modification of a decree of divorce or annulment (or a court order or court-approved property settlement incident to any such decree) in order to satisfy the consent requirement under paragraph (1). An extension under this paragraph shall be for 6 months or for such longer period as the Office considers appropriate. This section does not apply to an individual under section 8331(1)(G) of title 5 , United States Code. Any civilian service which is performed before the effective date of the election under section 301 shall not be creditable under chapter 84 of title 5, United States Code, except as otherwise provided in this subsection. with respect to any such service performed before January 1, 1987 , 1.3 percent of basic pay for such service was withheld in accordance with such Act or, if either such withholding was not made or was made, but the amount so withheld was subsequently refunded, 1.3 percent of basic pay for such period is deposited to the credit of the Civil Service Retirement and Disability Fund (hereinafter in this section referred to as the ‘Fund’), with interest (computed under section 8334(e) of such title); and with respect to any such service performed after December 31, 1986 , and before the effective date of the election, an amount equal to the percentage of basic pay for such service which would be required to be withheld under section 8422(a) of title 5 , United States Code, has been contributed to the Fund by the individual involved, whether by withholdings from pay or, if either no withholding was made or was made, but the amount withheld was subsequently refunded, the aforementioned percentage of basic pay for such period is deposited to the credit of the Fund, with interest (computed under section 8334(e) of such title). which is not covered service; which constitutes service of a type described in section 8411(b)(3) of title 5 , United States Code (determined without regard to whether such service was performed before, on, or after January 1, 1989 , and without regard to the provisions of section 8411(f) of such title); and which, in the aggregate, is equal to less than 5 years; which is not covered service; which constitutes service of a type described in section 8411(b)(3) of title 5 , United States Code (determined without regard to whether such service was performed before, on, or after January 1, 1989 , and without regard to the provisions of section 8411(f) of such title); and which, in the aggregate, is equal to 5 years or more; section 8410 of such title, relating to the minimum period of civilian service required to be eligible for an annuity; any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, 8414, 8442(b)(1), 8443(a)(1), or 8451 of such title which relates to a minimum period of service for entitlement to an annuity; the provisions of paragraphs (4) and (6); any provision of section 8412(d) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as a law enforcement officer or firefighter; any provision of section 8412(e) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as an air traffic controller; and the provision of subsection (h) [now (i)] of section 8415 which relates to the minimum period of service required to qualify for the higher accrual rate under such subsection. Except as provided in subparagraph (B), the creditability under chapter 84 of title 5, United States Code, of any military service which is performed before the effective date of the election under section 301 shall be determined in accordance with applicable provisions of such chapter. any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, or 8414 of such title which relates to a minimum period of service for entitlement to an annuity; and the provisions of paragraph (4). If the electing individual becomes entitled to an annuity under subchapter II of chapter 84 of title 5, United States Code, or dies leaving a survivor or survivors entitled to benefits under subchapter IV of such chapter, the annuity for such individual shall be equal to the sum of the individual’s accrued benefits under the Civil Service Retirement System (as determined under paragraph (4)) and the individual’s accrued benefits under the Federal Employees’ Retirement System (as determined under paragraph (5)). An annuity computed under this subparagraph shall be deemed to be the individual’s annuity computed under section 8415 of title 5 , United States Code. If the electing individual becomes entitled to an annuity under subchapter V of chapter 84 of title 5, United States Code, and if it becomes necessary to compute an annuity under section 8415 of such title with respect to such individual as a result of such individual’s having become so entitled, the methodology set forth in subparagraph (A) shall be used in computing any such annuity under section 8415. Accrued benefits under this paragraph shall be computed in accordance with applicable provisions of subchapter III of chapter 83 of title 5, United States Code (but without regard to subsection (j) or (k), or the second sentence of subsection (e), of section 8339 of such title) using only any civilian service under paragraph (1)(D), and any military service under paragraph (2)(B), which would be creditable for purposes of computing an annuity under such subchapter. Notwithstanding the preceding sentence, in computing accrued benefits under this paragraph for an individual retiring under section 8412(g) or 8413(b) of title 5, United States Code, section 8339(h) of such title (relating to reductions based on age at date of separation) shall not apply. total service creditable under chapter 84 of such title which is performed on or after the effective date of the election under section 301; and creditable civilian service (as determined under applicable provisions of this subsection) other than any service described in paragraph (1)(D); and creditable military service (as determined under applicable provisions of this subsection) other than any service described in paragraph (2)(B). For purposes of any computation under paragraph (4) or (5), the average pay to be used shall be the largest annual rate resulting from averaging the individual’s rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity based on service of less than 3 years, over the total period of service so creditable, with each rate weighted by the period it was in effect. For purposes of subparagraph (A), service shall be considered creditable if it would be considered creditable for purposes of determining average pay under chapter 83 or 84 of title 5, United States Code. The portion of the annuity attributable to paragraph (4) shall be adjusted at the time and in the amount provided for under section 8340 of title 5 , United States Code. The portion of the annuity attributable to paragraph (5) shall be adjusted at the time and in the amount provided for under section 8462 of title 5 , United States Code. For purposes of any computation under paragraph (4) in the case of an individual who retires under section 8412 or 8414 of title 5, United States Code, or who dies leaving a survivor or survivors entitled to benefits under subchapter IV of such chapter, sick leave creditable under section 8339(m) of such title shall be equal to the number of days of unused sick leave to the individual’s credit as of the date of retirement or as of the effective date of the individual’s election under section 301, whichever is less. In computing the annuity under paragraph (3) for an individual retiring under section 8412(g) or 8413(b) of title 5, United States Code, the reduction under section 8415(g) [now 8415(h)] of such title shall apply with respect to the sum computed under such paragraph. An annuity supplement under section 8421 of title 5 , United States Code, shall be computed using the same service as is used for the computation under paragraph (5). Effective from its commencing date, an annuity payable to an annuitant’s survivor (other than a child under section 8443 of title 5 , United States Code) shall be increased by the total percent by which the deceased annuitant’s annuity was increased under paragraph (7). If the electing individual is a reemployed annuitant under section 8344 of title 5 , United States Code, under conditions allowing the annuity to continue during reemployment, payment of the annuitant’s annuity shall continue after the effective date of the election, and an amount equal to the annuity allocable to the period of actual employment shall continue to be deducted from the annuitant’s pay and deposited as provided in subsection (a) of such section. Deductions from pay under section 8422(a) of such title and contributions under section 8423 of such title shall begin effective on the effective date of the election. Notwithstanding any provision of section 301, an election under such section shall not be available to any reemployed annuitant who would be excluded from the operation of chapter 84 of title 5, United States Code, under section 8402(c) of such title (relating to exclusions based on the temporary or intermittent nature of one’s employment). with respect to reemployment service before the effective date of the election, under section 8339(a), (b), (d), (e), (h), (i), and (n) of title 5, United States Code, as may apply based on the reemployment in which such annuitant was engaged before such effective date; and with respect to reemployment service on or after the effective date of the election, under section 8415(a) through (g) [now 8415(a)–(c), (e)–(h)] of such title, as may apply based on the reemployment in which such annuitant was engaged on or after such effective date; If the annuitant serves on a full-time basis for at least 5 years, or on a part-time basis for periods equivalent to at least 5 years of full-time service, such annuitant may elect, instead of the benefit provided by subparagraph (B), to have such annuitant’s rights redetermined, effective upon separation from employment. If the annuitant so elects, the redetermined annuity will become payable as if such annuitant were retiring for the first time based on the separation from reemployment service, and the provisions of this section concerning computation of annuity (other than any provision of this paragraph) shall apply. If the annuitant dies while still reemployed, after having been reemployed for at least 5 full years (or the equivalent thereof, in the case of part-time employment), any person entitled to a survivor annuity under section 8341(b) of title 5 , United States Code, based on the service of such annuitant shall be permitted to elect to have such person’s rights redetermined in accordance with regulations which the Office shall prescribe. Redetermined benefits elected under this clause shall be in lieu of any increased benefits which would otherwise be payable in accordance with the next to last sentence of subparagraph (B). If the annuitant serves on a full-time basis for less than 1 year (or the equivalent thereof, in the case of part-time employment), any amounts withheld under section 8422(a) of title 5 , United States Code, from such annuitant’s pay for the period (or periods) involved shall, upon written application to the Office, be payable to such annuitant (or the appropriate survivor or survivors, determined in the order set forth in section 8342(c) of such title). with respect to service performed before the effective date of the election under section 301, it is service which, if performed for at least 1 full year, would have allowed such annuitant to elect under section 8344(a) of title 5 , United States Code, to have deductions withheld from pay; or with respect to service performed on or after the effective date of the election under section 301, it is service with respect to which deductions from pay would be required to be withheld under the second sentence of section 8468(a) of title 5 , United States Code. Except as provided in subsection (a) or paragraph (2), subchapter III of chapter 83 of title 5, United States Code, shall not apply with respect to any individual who becomes subject to chapter 84 of title 5, United States Code, pursuant to an election under section 301. Nothing in paragraph (1), or in subchapter III of chapter 83 of title 5, United States Code, shall preclude the making of a deposit under such subchapter with respect to any civilian service under subsection (a)(1)(D) or military service under subsection (a)(2)(B) either by the electing individual or, for purposes of survivor annuities, by a survivor of such individual. Nothing in paragraph (1) shall preclude the payment of any lump-sum credit in accordance with section 8342 of title 5 , United States Code. the amount contributed with respect to such period, exceeds the amount required under such clause (i) with respect to such period; the amount so contributed with respect to such period, exceeds the amount required under such clause (ii) with respect to such period; and the amount so contributed with respect to such period, exceeds the amount required under such subparagraph with respect to such period. In accordance with regulations prescribed by the Office of Personnel Management, a refund under this subsection shall be payable upon written application therefor filed with the Office and shall include interest at the rate provided in section 8334(e)(3) of title 5 , United States Code. Interest on the refund shall accrue monthly and shall be compounded annually. the total amount deducted from such individual’s basic pay under section 8334(a)(1) of title 5 , United States Code, for such period, exceeds 1.3 percent of such individual’s total basic pay for such period; and the total amount deducted from such individual’s basic pay under such section 8334(a)(1) for such period, exceeds the total amount which would have been deducted if such individual’s basic pay had instead been subject to section 8334(k) of such title during such period. for any service during the period beginning on January 1, 1987 , and ending on the day before such effective date, there is deposited to the credit of the Fund a percentage of basic pay for such period equal to the percentage which would have applied under section 8334(k) of such title if such individual’s pay had been subject to such section during such period; for any period of service beginning on January 1, 1984 , and ending on December 31, 1986 , there is deposited to the credit of the Fund an amount equal to 1.3 percent of basic pay for such period; and for any period of service before January 1, 1984 , there is deposited to the credit of the Fund any amount required with respect to such period under such subchapter. A deposit under this subsection may be made by the individual or, for purposes of survivor annuities, a survivor of such individual.” For the purposes of this section, the term ‘covered retirement system’ shall have the same meaning as provided in section 203(a)(2) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 ( Public Law 98–168 ; 97 Stat. 1107 ) [set out below]. Any individual who was entitled to make an election under section 208(a) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 ( 97 Stat. 1111 ) [set out below], but who did not make such an election, may make an election under such section not later than September 15, 1984 . make any other election which such individual was entitled to make under such section before January 1, 1984 ; or elect to become a participant in a covered retirement system (if such individual is otherwise eligible to participate in such system), subject to sections 201 through 207 of such Act [set out below]. make any other election which such individual was entitled to make under such section before January 1, 1984 ; or elect to terminate participation in the covered retirement system with respect to which such individual made the election under such paragraph (2). An election under this subsection shall be made by a written application submitted to the official by whom the electing individual is paid. An election made as provided in this subsection shall take effect with respect to service performed on or after the first day of the first applicable pay period commencing after September 15, 1984 . Section 8342(a)(4) of title 5 , United States Code, does not apply for the purpose of determining an entitlement to a refund under section 208(c) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 ( 97 Stat. 1111 ) [set out below]. Paragraph (1) shall take effect with respect to any election made under section 208(a) of such Act or this Act before, on, or after January 1, 1984 . Nothing in this section or the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 [set out below] affects any entitlement to benefits accrued under a covered retirement system before January 1, 1984 , except to the extent that any amount refunded under section 208(c) of such Act is not redeposited in the applicable retirement fund.” This title may be cited as the ‘Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983’. that the amount required to be contributed to certain public retirement systems by employees and officers of the Government who are also required to pay employment taxes relating to benefits under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] for service performed after December 31, 1983 , be modified until the date on which such employees and officers are covered by a new Government retirement system (the design, structure, and provisions of which have not been determined on the date of enactment of this Act [ Nov. 29, 1983 ]) or January 1, 1987 , whichever is earlier; that the Treasury be required to pay into such retirement systems the remainder of the amount such employees and officers would have contributed during such period but for the temporary modification; that the employing agencies make contributions to the retirement systems with respect to such service in amounts required by law in effect before January 1, 1984 , without reduction in such amounts; that such employees and officers accrue credit for service for the purposes of the public retirement systems in effect on the date of enactment of this Act [ Nov. 29, 1983 ] until a new Government retirement system covering such employees and officers is established; that, where appropriate, deposits to the credit of such a retirement system be required with respect to service performed by an employee or officer of the Government during the period described in clause (1), and, where appropriate, annuities be offset by the amount of certain social security benefits attributable to such service; and that such employees and officers who are first employed in civilian service by the Government or first take office in civilian service in the Government on or after January 1, 1984 , become subject to such new Government retirement system as may be established for employees and officers of the Government on or after January 1, 1984 , and before January 1, 1987 , with credit for service performed after December 31, 1983 , by such employees and officers transferred to such new Government retirement system. the term ‘covered employee’ means any individual whose service is covered service; the Civil Service Retirement and Disability System under subchapter III of chapter 83 of title 5, United States Code; the Foreign Service Retirement and Disability System under chapter 8 of the Foreign Service Act of 1980 ( 22 U.S.C. 4041 et seq.); the Central Intelligence Agency Retirement and Disability System under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note); and any other retirement system (other than a new Government retirement system) under which a covered employee who is a participant in the system is required to make contributions to the system in an amount equal to a portion of the participant’s basic pay for covered service, as determined by the President; the term ‘covered service’ means service which is employment for the purposes of title II of the Social Security Act [ 42 U.S.C. 401 et seq.] and chapter 21 of the Internal Revenue Code of 1986 [ 26 U.S.C. 3101 et seq.] by reason of the amendments made by section 101 of the Social Security Amendments of 1983 ( 97 Stat. 67 ) [amending section 3121 of Title 26 , Internal Revenue Code, and sections 409 and 410 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 3121 of Title 26 and section 410 of Title 42 ]; and the term ‘new Government retirement system’ means any retirement system which (A) is established for officers or employees of the Government by or pursuant to a law enacted after December 31, 1983 , and before January 1, 1987 , and (B) takes effect on or before January 1, 1987 . The President shall publish the determinations made for the purpose of subsection (a)(2)(D) in an Executive order. section 8334 of title 5 , United States Code; section 805 of the Foreign Service Act of 1980 ( 22 U.S.C. 4045 ); section 211 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note); or any provision of any other covered retirement system which requires a participant in the system to make contributions of a portion of the basic pay of the participant; Employing agencies of the Government shall make contributions with respect to service to which subsection (a) of this section applies under the second sentence of section 8334(a)(1) of title 5 , United States Code, the second sentence of section 805(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 4045(a) ), the second sentence of section 211(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note), and any provision of any other covered retirement system requiring a contribution by the employing agency, as if subsection (a) of this section had not been enacted. the total amount which, but for section 204(a) of this Act, would have been deducted and withheld under a provision referred to in such section from the pay of covered employees participating in such retirement system for service to which such section applies, over the total amount which was deducted and withheld from the pay of covered employees for such service as provided in section 204(a) of this Act; and the Director of the Office of Personnel Management, with respect to the Civil Service Retirement and Disability System under subchapter III of chapter 83 of title 5, United States Code; the Secretary of State, with respect to the Foreign Service Retirement and Disability System under chapter 8 of the Foreign Service Retirement Act of 1980 ( 22 U.S.C. 404 et seq.) [ 22 U.S.C. 4041 et seq.]; the Director of Central Intelligence, with respect to the Central Intelligence Agency Retirement and Disability System under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note); and the officer designated by the President for that purpose in the case of any retirement system described in section 203(a)(2)(D) of this Act. shall determine the amount of the contribution deficiency for such fiscal year in the case of each covered retirement system, including the interest that those contributions would have earned had they been credited to the fund established for the payment of benefits under such retirement system in the same manner and at the same time as deductions under the applicable provision of law referred to in section 204(a) of this Act; and shall notify the Secretary of the Treasury of the amount of the contribution deficiency in each such case. Before closing the accounts for each of fiscal years 1984, 1985, 1986, and 1987, the Secretary of the Treasury shall credit to the fund established for the payment of benefits under each covered retirement system, as a Government contribution, out of any money in the Treasury not otherwise appropriated, an amount equal to the amount determined under subsection (b) with respect to that covered retirement system for the fiscal year involved. Amounts credited to a fund under subsection (c) shall be accounted for separately than amounts credited to such fund under any other provision of law. For the purposes of this section, the term ‘interim covered service’ means covered service to which section 204(a) applies. Paragraphs (2) and (3) apply according to the provisions thereof only with respect to a covered employee who is employed by the Government on December 31, 1983 . in determining entitlement to and computing the amount of an annuity (other than a disability or survivor annuity) commencing under a covered retirement system during the period beginning January 1, 1984 , and ending on the earlier of the date a new Government retirement system takes effect or January 1, 1987 , by reason of the retirement of such covered employee during such period only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f); and in computing a disability or survivor annuity which commences under a covered retirement system during such period and is based in any part on such interim covered service. Notwithstanding any other provision of law, an annuity to which subparagraph (A)(ii) applies shall be reduced by the portion of the amount of any benefits which is payable under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] and is attributable to the interim covered service considered in computing the amount of such annuity, as determined under subsection (g), unless, in the case of a survivor annuity, a covered employee has made a deposit with respect to such covered service for the purposes of subparagraph (A)(i) before the date on which payment of such annuity commences. Notwithstanding any other provision of law, if a new Government retirement system is not established or is inapplicable to such a covered employee who retires or dies subject to a covered retirement system after the date on which such new Government retirement system takes effect, the interim covered service of such covered employee shall be considered in determining entitlement to and computing the amount of an annuity under a covered retirement system based on the service of such covered employee only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f). Paragraphs (2) and (3) apply according to the provisions thereof only with respect to a covered employee who was not employed by the Government on December 31, 1983 . Notwithstanding any other provision of law, any annuity which commences under a covered retirement system during the period described in subsection (b)(2)(A)(i) and is based, in any part, on interim covered service shall be reduced by the portion of the amount of any benefits which is payable under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] to the annuitant and is attributable to such service, as determined under subsection (g). Notwithstanding any other provision of law, if a new Government retirement system is not established, the interim covered service of such a covered employee who retires or dies after January 1, 1987 , shall be considered in determining entitlement to and computing the amount of an annuity under a covered retirement system based on the service of such covered employee only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f). If a covered employee with respect to whom subsection (b)(3) or (c)(3) applies dies without having made a deposit pursuant to such subsection, any individual who is entitled to an annuity under a covered retirement system based on the service of such covered employee or who would be entitled to such an annuity if such deposit had been made by the covered employee before death may make such deposit after the date of death of such covered employee. Service covered by a deposit made pursuant to the first sentence shall be considered in determining, in the case of each individual to whom the first sentence applies, the entitlement to and the amount of an annuity under a covered retirement system based on the service of such covered employee. A reduction in annuity under subsection (b)(2)(B) or (c)(2) shall commence on the first day of the first month after the date on which payment of benefits under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] commence and shall be redetermined each time an increase in such benefits takes effect pursuant to section 215(i) of the Social Security Act [ 42 U.S.C. 415(i) ]. In the case of an annuity of a participant or former participant in a covered retirement system, of a surviving spouse or child of such participant or former participant, or of any other person designated by such participant or former participant to receive an annuity, under a covered retirement system (other than a former spouse) the reduction in annuity under subsection (b)(2)(B) or (c)(2) shall be calculated before any reduction in such annuity provided under such system for the purpose of paying an annuity under such system to any former spouse of such participant or former participant based on the service of such participant or former participant. the total amount which would have been deducted and withheld from the basic pay of the covered employee for the interim covered service under such covered retirement system but for the application of section 204(a), over the amount which was deducted and withheld from such basic pay for such interim covered service pursuant to section 204(a) and was not refunded to such covered employee. computing the amount of such benefits including credit for such service; computing the amount of such benefits, if any, without including credit for such service; and subtracting the amount computed under clause (2) from the amount computed under clause (1). The Secretary of Health and Human Services shall furnish to the appropriate agency head (as defined in section 205(a)(2)) such information as such agency head considers necessary to carry out this section. to terminate participation in such system, effective after December 31, 1983 ; or to remain under such system, as if the preceding sections of this Act [probably means this ‘title’] and the amendments made by this Act had not been enacted; or to become a participant under such system (if such individual is otherwise eligible to participate in the system), subject to the preceding sections of this Act [probably means this ‘title’] and the amendments made by this Act; or to become a participant under such system (if such individual is otherwise eligible to participate in the system), as if the preceding sections of this Act and the amendments made by this Act had not been enacted. An application by an individual under subsection (a) shall be submitted to the official by whom such covered employee is paid. Any individual who elects to terminate participation in a covered retirement system under subsection (a)(1)(A) is entitled to have such individual’s contributions to the retirement system refunded, in accordance with applicable provisions of law, as if such individual had separated from service as of the effective date of the election. Any individual who is eligible to make an election under subparagraph (A) or (B) of subsection (a)(1), but who does not make an election under either such subparagraph, shall be subject to the preceding sections of this Act [probably means this ‘title’] and the amendments made by this Act.” Effective on and after the first day of the first pay period which begins in the third calendar month following the calendar month in which this Act is enacted [July 1958]— “The Act of July 8, 1937 ( 50 Stat. 478 ; 68 Stat. 17 ; Public Numbered 191, Seventy-fifth Congress; Public Law 299, Eighty-third Congress), shall apply only with respect to those individuals within the classes of individuals subject to such Act of July 8, 1937 , whose employment shall have been terminated, prior to such first day of such first pay period, in the manner provided by the first section of such Act; and who is employed, on such first day of such first pay period, by the Canal Zone Government or by the Panama Canal Company, and who, by reason of the enactment of this section and the operation of the Civil Service Retirement Act ( 5 U.S.C. 2251–226 7) [this subchapter], is subject to such Act on and after such first day of such first pay period, the Panama Railroad Company during the period which began on June 29, 1948 , and ended on June 30, 1951 , or the Panama Canal (former independent agency), the Canal Zone Government, or the Panama Canal Company during the period which began on July 1, 1951 , and which ends immediately prior to such first day of such first pay period, the rights of any individual existing immediately prior to such first day of such first pay period above specified, or the continuing obligations of the Canal Zone Government and the Panama Canal Company under section 4(a) of the Civil Service Retirement Act ( 5 U.S.C. 2254(a) ) [ section 8334(a) of this title ], to reimburse the civil service retirement and disability fund for Government contributions to such fund covering service performed, on or after such first day of such first pay period above specified, by the employees concerned.” On and after the effective date of this title [on the first day of the first month beginning more than sixty days after July 31, 1956 ] persons employed as members of the civilian faculties of the United States Naval Academy and the United States Naval Postgraduate School shall be included within the terms of the Civil Service Retirement Act [this subchapter], and on and after that date the Act of January 16, 1936 ( 49 Stat. 1092 ), as amended [covered by section 7081 et seq. of Title 10, Armed Forces] shall not apply to such persons. In lieu of the deposit prescribed by section 4(c) of the Civil Service Retirement Act [ section 8334(c) of this title ] an employee who by virtue of subsection (a) is included within the terms of such Act [this subchapter] shall deposit, for service rendered prior to the effective date of this title as a member of the civilian faculty of the United States Naval Academy or of the United States Naval Postgraduate School, a sum equal to so much of the repurchase price of his annuity policy carried as required by the Act of January 16, 1936 , as amended [covered by section 7081 et seq. of Title 10, Armed Forces], as is based on the monthly allotments which were registered with the Navy Allotment Office toward the purchase of that annuity, the deposit to be made within six months after the effective date of this title. Should the deposit not be made within that period no credit shall be allowed under the Civil Service Retirement Act [this subchapter] for service rendered as a member of the civilian faculty of the United States Naval Academy or of the United States Naval Postgraduate School subsequent to July 31, 1920 , and prior to the effective date of this title. If the deposit is made, such service shall be held and considered to be service during which the employee was subject to the Civil Service Retirement Act [this subchapter].”