View all text of Subchapter III [§ 2151 - § 2157]
§ 2152. Special rules relating to section 2013 criteria employees
(a) In general
(b) Voluntary and mandatory retirement
(c) Recall
(1) Except as provided in paragraph (2), section 2111 of this title shall apply to an employee referred to in subsection (a).
(2) Contributions during recall service shall be made as provided in section 8422 of title 5.
(3) When an employee recalled under this subsection reverts to a retired status, the annuity of such employee shall be redetermined under the provisions of chapter 84 of title 5.
(d) Employees disabled on duty
(1) DefinitionsIn 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) Treatment of service after disability
(3) Break in service
(4) Limitation on treatment of service
(5) Opt out
(Pub. L. 88–643, title III, § 302, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 117–225, § 3(c), Dec. 9, 2022, 136 Stat. 2296.)