Contents
(d)
(1)In this subsection—
(A)the term “affected employee” means an employee of the Agency covered under subchapter II of chapter 84 of title 5 who—
(i)is performing service in a position designated under subsection (a);
(ii)while on duty in the position designated under subsection (a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under section 2053 of this title or section 8412(d)(1) of title 5;
(iii)because of the illness or injury described in clause (ii), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Director; and
(iv)is appointed to a position in the civil service that is not a covered position but is within the Agency; and
(B)the term “covered position” means a position as—
(i)a law enforcement officer described in section 8331(20) or 8401(17) of title 5;
(ii)a customs and border protection officer described in section 8331(31) or 8401(36) of title 5;
(iii)a firefighter described in section 8331(21) or 8401(14) of title 5;
(iv)an air traffic controller described in section 8331(30) or 8401(35) of title 5;
(v)a nuclear materials courier described in section 8331(27) or 8401(33) of title 5;
(vi)a member of the United States Capitol Police;
(vii)a member of the Supreme Court Police;
(viii)an affected employee; or
(ix)a special agent described in section 4044(15) of title 22.
(2)Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this chapter and chapter 84 of title 5, including eligibility for an annuity under section 2053 of this title or 8412(d)(1) of title 5 and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5.
(3)Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days.
(4)The service of an affected employee shall no longer be eligible for treatment under paragraph (2) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee.
(5)An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5 without regard to paragraph (2).
United States Government work; public domain under 17 U.S.C. § 105.