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Historical and Revision Notes
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(b)
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[Uncodified].
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Aug. 5, 1939, ch. 448, § 2, 53 Stat. 1210.
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[Uncodified].
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Dec. 3, 1945, ch. 510, § 2, 59 Stat. 590.
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[Uncodified].
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Dec. 28, 1945, ch. 593, § 2, 59 Stat. 660.
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[Uncodified].
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Dec. 28, 1945, ch. 594, § 2, 59 Stat. 660.
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[Uncodified].
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July 26, 1946, ch. 675, § 2 (last proviso), 60 Stat. 704.
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(c)
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5 U.S.C. 150k.
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June 19, 1952, ch. 444, § 1, 66 Stat. 138.
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(d)
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5 U.S.C. 30r(d).
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Aug. 10, 1956, ch. 1041, § 29(d), 70A Stat. 632.
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Subsection (a) is supplied to avoid the necessity of defining “employee” each time it appears in this title. The subsection is based on a definition worked out independently by the Civil Service Commission and the Department of Labor and in use by both for more than a decade.
In subsection (b), the provisions of the source statutes which relate to credit for prior service and diminution of pay are executed, or, insofar as to be executed preserved by technical section 8.
In subsection (d), the words “officer or” are omitted as included within “employee”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2013—Subsec. (c). Pub. L. 113–66 substituted “Navy Ships Stores Program” for “Army and Air Force Motion Picture Service, Navy Ship’s Stores Ashore” in introductory provisions.
2006—Subsec. (e). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
1997—Subsec. (b). Pub. L. 105–85 inserted “(if any)” after “Academy dairy”.
1996—Subsec. (b). Pub. L. 104–201 inserted “who is” after “An individual” and “and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date” after “Academy dairy,”.
1994—Subsec. (f). Pub. L. 103–424 added subsec. (f).
1993—Subsec. (c)(1)(E). Pub. L. 103–3 added subpar. (E).
1990—Subsec. (c)(1). Pub. L. 101–508, § 7202(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “laws (other than subchapter IV of chapter 53 of this title, subchapter III of chapter 83 of this title to the extent provided in section 8332(b)(16) of this title, and sections 5550 and 7204 of this title) administered by the Office of Personnel Management; or”.
Subsec. (c)(2). Pub. L. 101–508, § 7202(b)(2), inserted “(except to the extent specifically provided therein)” after “chapter 84”.
1986—Subsec. (c)(1). Pub. L. 99–638 inserted “of this title, subchapter III of chapter 83 of this title to the extent provided in section 8332(b)(16) of this title,”.
Subsec. (c)(2). Pub. L. 99–335 substituted “chapter 81, chapter 84,” for “chapter 81”.
1979—Subsec. (a)(1)(F). Pub. L. 96–54, § 2(a)(5), substituted “an adjutant” for “the adjutants” and struck out “, United States Code” after “32”.
Subsec. (c)(1). Pub. L. 96–54, § 2(a)(6), amended subsec. (c)(1) in same manner as amendment by section 703(c)(2) of Pub. L. 95–454. See 1978 Amendment note set out below.
1978—Subsec. (c)(1). Pub. L. 95–454 substituted “7204” for “7154”, and “Office of Personnel Management” for “Civil Service Commission”. Amendments by section 703(c)(1) and (c)(2) of Pub. L. 95–454 appear to have been inadvertently reversed. Subsec. (c)(1) purported to amend subsec. (c)(1) of this section, and subsec. (c)(2) purported to amend section 3302(2) of this title. However, the amendments specified by Pub. L. 95–454, § 703(c)(1) and (2), were impossible to execute literally. Thus, the amendment by Pub. L. 95–454, § 703(c)(2) was executed to this section, and the amendment by section 703(c)(1) was executed to section 3302(2) of this title as the probable intent of Congress.
1972—Subsec. (c)(1). Pub. L. 92–392 substituted “laws (other than subchapter IV of chapter 53 and sections 5550 and 7154 of this title)” for “laws”.
1970—Subsec. (e). Pub. L. 91–375 added subsec. (e).
1968—Subsec. (a)(1)(F). Pub. L. 90–486 added subpar. (F).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–201, div. A, title III, § 370(e), Sept. 23, 1996, 110 Stat. 2499, provided that:
“The amendments made by this section [amending this section and
section 6971 of Title 10,
Armed Forces, and repealing
section 6970 of Title 10] shall take effect on
October 1, 1996.”
Effective Date of 1990 Amendment
Pub. L. 101–508, title VII, § 7202(m), Nov. 5, 1990, 104 Stat. 1388–339, provided that:
“(1) The amendments made by this section [amending this section and sections 3502, 5334, 5335, 5365, 5551, 6308, 6312, 8331, 8347, 8401, 8461, and 8901 of this title] shall apply with respect to any individual who, on or after January 1, 1987—
“(A)
moves without a break in service of more than 3 days from employment in a nonappropriated fund instrumentality of the
Department of Defense or the
Coast Guard that is described in
section 2105(c) of title 5, United States Code, to employment in the
Department of Defense or the
Coast Guard, respectively, that is not described in such section 2105(c); or
“(B)
moves without a break in service from employment in the Department of Defense or the Coast Guard that is not described in such section 2105(c) to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, that is described in such section 2105(c).
“(2)
The
Secretary of Defense, the
Secretary of Transportation, the Director of the
Office of Personnel Management, and the Executive Director of the
Federal Retirement Thrift Investment Board, as applicable, shall take such actions as may be practicable to ensure that each individual who has moved as described under paragraph (1) on or after
January 1, 1987, and before the date of enactment of this Act [
Nov. 5, 1990], receives the benefit of the amendments made by this section as if such amendments had been in effect at the time such individual so moved. Each such individual who wishes to make an election of retirement coverage under the amendments made by subsection (j) or (k) of this section [amending sections
8331,
8347,
8401, and
8461 of this title] shall complete such election within 180 days after the date of enactment of this Act.”
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–486 effective Jan. 1, 1968, except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90–486, set out as a note under section 709 of Title 32, National Guard.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Treatment of Individuals Electing To Remain Subject to Their Former Retirement System
Pub. L. 101–508, title VII, § 7202(n), Nov. 5, 1990, 104 Stat. 1388–340, as amended by Pub. L. 102–378, § 5(a)(2), Oct. 2, 1992, 106 Stat. 1358, provided that:
“(1)
For the purpose of this section [amending this section and sections
3502,
5334,
5335,
5365,
5551,
6308,
6312,
8331,
8347,
8401,
8461, and
8901 of this title and enacting provisions set out as notes under this section and
section 2101 of this title], the term ‘nonappropriated fund instrumentality’ means a nonappropriated fund instrumentality of the
Department of Defense or the
Coast Guard, described in
section 2105(c) of title 5, United States Code.
“(2)
(A)
If an individual makes an election under
section 8347(q)(1) of title 5, United States Code, to remain covered by subchapter III of chapter 83 of such title, any nonappropriated fund instrumentality thereafter employing such individual shall deduct from such individual’s pay and contribute to the Thrift Savings Fund such sums as are required for such individual in accordance with section 8351 of such title.
“(B)
Notwithstanding subsection (a) or (b) of
section 8432 of title 5, United States Code, any individual who, as of the date of enactment of this Act [
Nov. 5, 1990], becomes eligible to make an election under section 8347(q)(1) of such title may, within 30 days after such individual makes an election thereunder in accordance with subsection (m)(2) [set out as a note above], make any election described in section 8432(b)(1)(A) of such title.
“(3)
(A)
If an individual makes an election under
section 8461(n)(1) of title 5, United States Code, to remain covered by chapter 84 of such title, any nonappropriated fund instrumentality thereafter employing such individual shall deduct from such individual’s pay and shall contribute to the Thrift Savings Fund the funds deducted, together with such other sums as are required for such individual under subchapter III of such chapter.
“(B)
Notwithstanding subsection (a) or (b) of
section 8432 of title 5, United States Code, any individual who, as of the date of enactment of this Act, becomes eligible to make an election under section 8461(n)(1) of such title may, within 30 days after such individual makes an election thereunder in accordance with subsection (m)(2), make any election described in section 8432(b)(1)(A) of such title.
“(4)
If an individual makes an election under section
8347(q)(2) or
8461(n)(2) of title
5, United States Code, to remain covered by a retirement system established for employees described in section 2105(c) of such title, any Government agency thereafter employing such individual shall, in lieu of any deductions or contributions for which it would otherwise be responsible with respect to such individual under chapter 83 or 84 of such title, make such deductions from pay and such contributions as would be required (under the retirement system for nonappropriated fund employees involved) if it were a nonappropriated fund instrumentality. Any such deductions and contributions shall be remitted to the
Department of Defense or the
Coast Guard, as applicable, for transmission to the appropriate retirement system.”
[Amendment by Pub. L. 102–378 to section 7202(n) of Pub. L. 101–508, set out above, effective Nov. 5, 1990, see section 9(b)(6) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.]
