5 U.S.C. § 8401: Definitions

the term “account” means an account established and maintained under section 8439(a) of this title ; the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor; the term “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 service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect; the term “basic pay” has the meaning given such term by section 8331(3); the term “Board” means the Federal Retirement Thrift Investment Board established by section 8472(a) of this title ; the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348; the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court; the term “Director” means the Director of the Office of Personnel Management; investment yields; increases in rates of basic pay; and rates of price inflation; the term “earnings”, when used with respect to the Thrift Savings Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund; an individual referred to in subparagraph (A), (E), (F), (H), (I), (J), or (K) of section 8331(1) of this title ; a Congressional employee as defined in section 2107 of this title , including a temporary Congressional employee and an employee of the Congressional Budget Office; and an employee described in section 2105(c) who has made an election under section 8461(n)(1) to remain covered under this chapter; clause (i), (vi), or (ix) of paragraph (1) of section 8331; clause (ii) of such paragraph; or the undesignated material after the last clause of such paragraph; any individual excluded under section 8402(c) of this title ; a member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980; or an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c); if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and if the former spouse was married to such individual for at least 9 months; the term “Executive Director” means the Executive Director appointed under section 8474(a); are primarily to perform work directly connected with the control and extinguishment of fires; and are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; and an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years; the term “Government” means the Federal Government, Gallaudet College, and, in the case of an employee described in paragraph (11)(C), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c); the term “Indian court” has the meaning given such term by section 8331(24); the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or the protection of officials of the United States against threats to personal safety; and are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; an employee of the Department of the Interior or the Department of the Treasury (excluding any employee under subparagraph (A)) who occupies a position that, but for the enactment of the Federal Employees’ Retirement System Act of 1986, would be subject to the District of Columbia Police and Firefighters’ Retirement System, as determined by the Secretary of the Interior or the Secretary of the Treasury, as appropriate; an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) and (B) for at least 3 years; and of the Bureau of Prisons or Federal Prison Industries, Incorporated; of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; or in the field service at Army or Navy disciplinary barracks or at any other confinement and rehabilitation facility operated by any of the armed forces; the term “loss”, as used with respect to the Thrift Savings Fund, includes the amount of any loss resulting from the investment of sums in such Fund, or from the breach of any responsibility, duty, or obligation under section 8477. 1 1 So in original. The period probably should be a semicolon. retirement deductions made from the basic pay of an employee or Member under section 8422(a) of this title (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983); amounts deposited by an employee or Member under section 8422(e); amounts deposited by an employee, Member, or survivor under section 8411(f) or 8422(i); and interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 8348(c), (d), and (e), as determined by the Secretary (compounded annually); if the service covered thereby aggregates 1 year or less; or for a fractional part of a month in the total service; the term “Member” has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees’ Retirement System, and who (in the case of an individual who is a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress) serves as a Member prior to the date of the enactment of the Legislative Branch Appropriations Act, 2004; the term “net earnings” means the excess of earnings over losses; the term “net losses” means the excess of losses over earnings; the term “normal-cost percentage” means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay; the term “Office” means the Office of Personnel Management; the term “price index” has the same meaning as provided in section 8331(15); the term “service” means service which is creditable under section 8411; the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8422; the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter; to the System, or to contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of an individual who became subject to the System; and any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles; the term “survivor” means an individual entitled to an annuity under subchapter IV of this chapter; the term “System” means the Federal Employees’ Retirement System described in section 8402(a); the term “military technician (dual status)” means an employee described in section 10216 of title 10 ; in the armed forces; in the commissioned corps of the Public Health Service after June 30, 1960 ; or in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961 ; the term “nonforfeitable account balance” means any amounts in an account, established and maintained under subchapter III, which are nonforfeitable (as determined under section 8432(g)); “Nuclear materials courier” has the meaning given that term in section 8331(27); the term “Government physician” has the meaning given such term under section 5948; 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); the term “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; is not an employee or Member covered under this chapter; is not performing civilian service which is creditable service under section 8411; and has less than 5 years of creditable civilian service under section 8411; and after December 31, 2012 , and before January 1, 2014 , becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411; is not an employee or Member covered under this chapter; is not performing civilian service which is creditable service under section 8411; and has less than 5 years of creditable civilian service under section 8411; and after December 31, 2013 , becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411; and “representative payee” means a person (including an organization) designated under section 8466(c)(1) to receive payments on behalf of a minor or an individual mentally incompetent or under other legal disability. shall take effect on the 60th day after the date of enactment of this Act [ Dec. 12, 2003 ]; and any annuity entitlement to which is based on an individual’s separation from service occurring on or after the effective date of this section; and any service performed by any such individual before, on, or after the effective date of this section, subject to paragraph (2). the deductions from pay which would have been required for such service if the amendments made by subsection (a)(2) had been in effect when such service was performed, exceeds the unrefunded deductions or deposits actually made under subchapter II of chapter 84 of such title with respect to such service. This paragraph applies with respect to any service performed by an individual before the effective date of this section as an employee described in section 8401(35)(B) of title 5 , United States Code (as amended by subsection (a)(2)).” Except as provided in subsection (b), this Act and the amendments made by this Act [see Short Title note below] shall take effect on January 1, 1987 . Subchapter VII of chapter 84 of title 5, United States Code, as added by section 101 of this Act, shall take effect on the date of the enactment of this Act [ June 6, 1986 ]. Except as provided in section 305 of this Act [enacting and amending provisions set out as notes under section 8331 of this title ], title III of this Act, and the amendments made by such title [amending sections 3121 and 6103 of Title 26, Internal Revenue Code, section 1005 of Title 39 , Postal Service, and section 410 of Title 42 , The Public Health and Welfare, enacting provisions set out as notes under this section and sections 8331, 8432, and 8472 of this title and section 6103 of Title 26 , and amending provisions set out as a note under section 8331 of this title ], shall take effect on the date of the enactment of this Act. The amendments made by sections 204 and 205 of this Act [enacting sections 8343a and 8350 of this title and amending section 8342 of this title ] shall take effect on the date of the enactment of this Act. Section 701 of this Act [enacting provisions set out as a note under section 8472 of this title ] shall take effect on the date of the enactment of this Act. Sections 505 [amending provisions formerly set out as a note under section 403 of Title 50 , War and National Defense] and 601 of this Act and the amendments made by such section 601 [not classified to the Code] shall take effect on the date of the enactment of this Act.” During the 60-day period which begins on the date of the enactment of the Legislative Branch Appropriations Act, 2004 [ Sept. 30, 2003 ], any individual who, as of such date, is serving as a Member of the House of Representatives and on such date is not subject to chapter 84 of title 5, United States Code, may elect to become subject to such chapter. Any election under this paragraph shall be carried out in accordance with such procedures as the Office of Personnel Management may provide. In this subsection, the term ‘Member of the House of Representatives’ includes a Delegate or Resident Commissioner to the Congress.” to establish a Federal employees’ retirement plan which is coordinated with title II of the Social Security Act [ 42 U.S.C. 401 et seq.]; to ensure a fully funded and financially sound retirement benefits plan for Federal employees; to enhance portability of retirement assets earned as an employee of the Federal Government; to provide options for Federal employees with respect to retirement planning; to assist in building a quality career work force in the Federal Government; to encourage Federal employees to increase personal savings for retirement; and to extend financial protection from disability to additional Federal employees and to increase such protection for eligible Federal employees.” For purposes of the first adjustment under subsection (b) of section 8462 of title 5 , United States Code (as added by section 101 of this Act), the base quarter ending on September 30, 1986 , shall be considered to have been the base quarter for a year in which an adjustment under such subsection was made. As used in paragraph (1), the term ‘base quarter’ has the meaning provided by section 8462(a)(1) of title 5 , United States Code (as added by section 101 of this Act).”