|
Office of Personnel
Management
� 842.708
Partial deferred payment of the
lump-sum credit if annuity commences after December 2, 1989, and before
October 1, 1995.
(a) Except as provided in paragraph (c) of this section, if the annuity
of a retiree commences after December 2, 1989, and before October 1, 1994,
the lump-sum credit payable under � 842.705 is payable to the individual,
or his or her survivors, according to the following schedule:
(1) Fifty percent of the lump-sum credit is payable at the time of
retirement, and
(2) Fifty percent is payable, with interest determined under section
8334(e)(3) of title 5, United States Code, one year after the time of
retirement, except if the payment date of the amount specified in paragraph
(a)(1) of this section was after December 4, 1989, payment with interest
will be made in the calendar year following the calendar year in which the
payment specified in paragraph (a)(1) of this section was made.
(b) If a retiree whose annuity commences after December 2, 1989, and
before October 1, 1994, dies before the time limit prescribed in
� 842.704(b)(2), that individual is subject to � 842.704 (c) or (d), but
the lump-sum credit will be paid in accordance with the schedule in
paragraph (a) of this section.
(c)(1) A retiree is exempt from the deferred payment schedule under
paragraph (a) of this section if the individual meets the conditions, and
fulfills the requirements, described in � 842.707(c).
(2)(i) A retiree who is exempt from the deferred payment schedule may
waive that exemption by notifying OPM, in writing, on or before the date he
or she elects to receive the alternative form of annuity.
(ii) Paragraph (c)(2)(i) of this section does not apply to an individual
whose annuity commences after December 1, 1990, if that individual's
eligibility to elect an alternative form of annuity is pursuant to
� 842.703(d)(1)(i)(A).
(iii) A waiver under paragraph (c)(2)(i) of this section cannot be
revoked.
[56 FR 6552, Feb. 19,
1991, as amended at 60 FR 54587, Oct. 25, 1995] |
� 842.802
� 842.801
Applicability and purpose.
(a) This subpart contains regulations of the Office of Personnel
Management (OPM) to supplement --
(1) 5 U.S.C. 8412 (d) and (e), which establish special retirement
eligibility for law enforcement officers, firefighters, and air traffic
controllers employed under the Federal Employees Retirement System (FERS);
(2) 5 U.S.C. 8422(a)(2)(B), pertaining to deductions;
(3) 5 U.S.C. 8423(a), pertaining to Government contributions; and
(4) 5 U.S.C. 8425, pertaining to mandatory retirement.
(b) The regulations in this subpart are issued pursuant to the authority
given to OPM in 5 U.S.C. 8461(g) to prescribe regulations to carry out the
provisions of chapter 84 of title 5 of the United States Code, and in 5
U.S.C. 1104 to delegate authority for personnel management to the heads of
agencies.
[52 FR 2069, Jan. 16,
1987, as amended at 57 FR 32689, July 23, 1992]
� 842.802
Definitions.
In this subpart --
Agency head means, for the executive branch agencies, the head of an
executive agency as defined in 5 U.S.C. 105; for the legislative branch, the
Secretary of the Senate, the Clerk of the House of Representatives, or the
head of any other legislative branch agency; for the judicial branch, the
Director of the Administrative Office of the U.S. Courts; for the Postal
Service, the Postmaster General; and for any other independent establishment
that is an entity of the Federal Government, the head of the establishment.
For the purpose of an approval of coverage under this subpart, agency
head is also deemed to include the designated representative of the head
of an executive department as defined in 5 U.S.C. 101, except that the
designated representative must be a department headquarters- |
|
� 842.802
level official who reports
directly to the executive department head, and who is the sole such
representative for the entire department. For the purpose of a denial of
coverage under this subpart, agency head is also deemed to include
the designated representative of the agency head, as defined in the
first sentence of this definition, at any level within the agency.
Air traffic controller means a civilian employee of the Department of
Transportation or the Department of Defense in an air traffic control
facility or flight service station facility who is actively engaged in the
separation and control of air traffic or in providing preflight, inflight,
or airport advisory service to aircraft operators, as provided in 5 U.S.C.
2109. Also included in this definition is an employee who is the first-level
supervisor of any air traffic controller as described above.
Detention duties means duties that require frequent direct contact in
the detention, direction, supervision, inspection, training, employment,
care, transportation, or rehabilitation of individuals suspected or
convicted of offenses against the criminal laws of the United States or the
District of Columbia or offenses against the punitive articles of the
Uniform Code of Military Justice (chapter 47 of title 10, United States
Code). (See 5 U.S.C. 8401(17).)
Employee means an employee as defined by 5 U.S.C. 8401(11).
Firefighter means an employee occupying a rigorous position,
whose primary duties are to perform work directly connected with the control
and extinguishment of fires, as provided in 5 U.S.C. 8401(14). Also included
in this definition is an employee occupying a rigorous firefighter position
who moves to a supervisory or administrative position and meets the
conditions of � 842.803(b).
First-level supervisors are employees classified as supervisors who
have direct and regular contact with the employees they supervise.
First-level supervisors do not have subordinate supervisors. A
first-level supervisor may occupy a rigorous position or a secondary
position if the appropriate definition is met.
Frequent direct contact means personal, immediate, and
regularly-assigned contact with detainees while performing detention duties,
which is repeated and continual over a typical work cycle. |
5 CFR Ch. 1(1-1-01
Edition)
Law enforcement officer
means an employee occupying a rigorous position, whose primary duties are
the investigation, apprehension, or detention of individuals suspected or
convicted of offenses against the criminal laws of the United States, or the
protection of officials of the United States against threats to personal
safety, as provided in 5 U.S.C. 8401(17). Also included in this definition
is an employee occupying a rigorous law enforcement officer position who
moves to a supervisory or administrative position and meets the conditions
of � 842.803(b). Law enforcement officer also includes, as required
by 5 U.S.C. 8401(17)(B), an employee of the Department of the Interior or
the Department of the Treasury who occupies a position that, but for
enactment of chapter 84 of title 5, United States Code, would be subject to
the District of Columbia Police and Firefighters' Retirement System, as
determined by the Secretary of the Interior or the Secretary of the
Treasury, as appropriate. Except as provided above, the definition does not
include an employee whose primary duties involve maintaining order,
protecting life and property, guarding against or inspecting for violations
of law, or investigating persons other than those who are suspected or
convicted of offenses against the criminal laws of the United States.
Primary duties means those duties of a position
that --
(a) Are paramount in influence or weight; that is, constitute the basic
reasons for the existence of the position;
(b) Occupy a substantial portion of the individual's working time over a
typical work cycle; and
(c) Are assigned on a regular and recurring basis.
Duties that are of an emergency, incidental, or temporary nature cannot
be considered "primary" even if they meet the substantial portion of time
criterion. In general, if an employee spends an average of at least 50
percent of his or her time performing a duty or group of duties, they are
his or her primary duties.
Rigorous position means a position the duties
of which are so rigorous that employment opportunities should, as
soon as reasonably possible, be
limited (through establishment of a maximum entry age and physical
qualifications) to young and physically vigorous individuals whose primary
duties are --
(a) To perform work directly connected with controlling and |
|
Office
of Personnel Management
extinguishing fires;
or
(b) Investigating, apprehending, or detaining individuals suspected or
convicted of offenses against the criminal laws of the United States or
protecting the personal safety of United States officials.
The condition in this definition that employment opportunities be
limited does not apply with respect to an employee who moves directly (i.e.,
without a break in service exceeding 3 days) from one rigorous law
enforcement officer position to another or from one rigorous firefighter
position to another. Rigorous position is also deemed to include a
position held by a law enforcement officer as identified in 5 U.S.C.
8401(17)(B) (related to certain employees in the Departments of the Interior
and the Treasury).
Secondary position means a position that --
(a) Is clearly in the law enforcement or firefighting field;
(b) Is in an organization having a law enforcement or firefighting
mission; and
(c) Is either --
(1) Supervisory; that is, a position whose primary duties are as a
first-level supervisor or law enforcement officers or firefighters in
rigorous positions; or
(2) Administrative; that is, an executive, managerial, technical,
semiprofessional, or professional position for which experience in a
rigorous law enforcement or firefighting position, or equivalent experience
outside the Federal Government, is a mandatory prerequisite.
[52 FR 2069, Jan. 16,
1987, as amended at 57 FR 32689-32690, July 23, 1992; 60 FR 3339, Jan. 17,
1995; 66 FR 38525, July 25, 2001]
� 842.803
Conditions for coverage.
(a) Rigorous positions.
(1) An employee's service in a position that has been determined by the
employing agency head to be a rigorous law enforcement officer or
firefighter position is covered under the provisions of 5 U.S.C. 8412(d).
(2) An employee who is not
in a rigorous position, nor |
� 842.802
covered while in a
secondary position, and who is detailed or temporarily promoted to a
rigorous position is not covered under the provisions of 5 U.S.C. 8412(d).
(3) A first-level supervisor position may be determined to be a rigorous
position if it satisfies the conditions set forth in � 842.802.
(b) Secondary positions. (1) An employee's service in a position
that has been determined by the employing agency head to be a secondary law
enforcement officer or firefighter position is covered under the provisions
of 5 U.S.C. 8412(d), if all of the following criteria are met:
(i) The employee, while covered under the provisions of 5 U.S.C 8412(d),
moves directly (that is, without a break in service exceeding 3 days) from a
rigorous position to a secondary position;
(ii) The employee has completed 3 years of service in a rigorous
position, including any such service during which no FERS deductions were
withheld; and
(iii) The employee has been continuously employed in a secondary position
or positions since moving from a rigorous position without a break in
service exceeding 3 days, except that a break in employment in secondary
positions that begins with an involuntary separation (not for cause), within
the meaning of 5 U.S.C. 8414(b)(1)(A), is not considered in determining
whether the service in secondary positions is continuous for this purpose.
(2) An employee who is not a rigorous position, nor covered while in a
secondary position, and who is detailed or temporarily promoted to a
secondary position is not covered under the provisions of 5 U.S.C. 8412(d).
(c) Air traffic controller. An employee's service in a position
that has been determined to be an air traffic controller position by the
employing agency head is covered under the provisions of 5 U.S.C. 8412(e).
(d) Except as specifically provided in this subpart, an agency head's
authority under this section cannot be delegated.
[52 FR 2069, Jan. 16,
1987, as amended at 57 FR 32690, July 23, 1992]
|