§ 1917. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY EMPLOYEES.
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Definition .— In this section the term ‘covered employee’ means any employee— to whom section 1914 applies; who is separated from service by reason of retirement under chapter 83 or 84 of title 5, United States Code, during the period of January 1, 2010 , through December 31, 2012 ; and who files an election with the Office of Personnel Management under subsection (b). Election.— In general .— An employee described under subsection (a)(1) and
(2)may file an election with the Office of Personnel Management to be covered under this section. Deadline .— An election under this subsection may be filed not later than December 31, 2012 . Computation of Annuity.— In general .— Except as provided under paragraph (2), for purposes of the computation of an annuity of a covered employee any cost-of-living allowance under section 5941 of title 5 , United States Code, paid to that employee during the first applicable pay period beginning on or after January 1, 2010 through the first applicable pay period ending on or after December 31, 2012 , shall be considered basic pay as defined under section 8331(3) or 8401(4) of that title. Limitation .— An employee’s cost-of-living allowance may be considered basic pay under paragraph
(1)only to the extent that, when added to the employee’s locality-based comparability payments, the resulting sum does not exceed the amount of the locality-based comparability payments the employee would have received during that period for the applicable pay area if the limitation under section 1914 did not apply. Civil Service Retirement and Disability Retirement Fund.— Employee contributions .— A covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund— an amount equal to the difference between— employee contributions that would have been deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during the period described under subsection
(c)of this section if the cost-of-living allowances described under that subsection had been treated as basic pay under section 8331(3) or 8401(4) of title 5, United States Code; and employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during that period; and interest as prescribed under section 8334(e) of title 5 , United States Code, based on the amount determined under subparagraph (A). Agency contributions.— In general .— The employing agency of a covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund an amount for applicable agency contributions based on payments made under paragraph (1). Source .— Amounts paid under this paragraph shall be contributed from the appropriation or fund used to pay the employee. Regulations .— The Office of Personnel Management may prescribe regulations to carry out this section.
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§ 1917
ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY EMPLOYEES.
C.F.R.×1
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