§ 2152. Special rules relating to section 2013 criteria employees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Pub. L. 88–643 title III § 302 · 78 Stat. 1043

   Enacted · 50 U.S.C. § 2152

   Pub. L. 88–643, title III, § 302, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244

   Source evidence

   Code source credit
   Pub. L. 88–643, title III, § 302, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244

2. 2022

   First Responder Fair Return for Employees on Their Initial Retirement Earned Act

   Pub. L. 117–225 § 3(c) · 136 Stat. 2293

   Added · 50 U.S.C. § 2152(d)

   Pub. L. 117–225 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 117–225 added subsec. (d).

   Enacted provision · exact public law section
   (c) CIA Employees.— Section 302 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2152) is amended by adding at the end the following: “(d) Employees Disabled on Duty.— “(1) Definitions.— In this subsection— “(A) the term ‘affected employee’ means an employee of the Agency covered under subchapter II of chapter 84 of title 5, United States Code, 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 233 of this Act or section 8412(d)(1) of title 5, United States Code; “(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, United States Code; “(ii) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5, United States Code; “(iii) a firefighter described in section 8331(21) or 8401(14) of title 5, United States Code; “(iv) an air traffic controller described in section 8331(30) or 8401(35) of title 5, United States Code; “(v) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code; “(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 804(15) of the Foreign Service Act of 1980 (22 U.S.C. 4044(15)). “(2) Treatment of service after disability.— 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 Act and chapter 84 of title 5, United States Code, including eligibility for an annuity under section 233 of this Act or 8412(d)(1) of title 5, United States Code, and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5, United States Code. “(3) Break in service.— 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) Limitation on treatment of service.— 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) Opt out.— 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, United States Code, without regard to paragraph (2).” .

   Effective date note
   Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.

1 of 2 references resolved to an enrolled provision · 1 partial