---
kind: "section"
citation: "5 C.F.R. § 846.302"
title: "5"
number: "846.302"
heading: "Crediting civilian service."
url: "https://uscodex.org/cfr/5/846.302"
---

# §846.302. Crediting civilian service.

- (a) Civilian service performed before the effective date of FERS coverage which is CSRS/SS service is creditable under FERS if—
  - (1) For service performed before January 1, 1987, 1.3 percent of basic pay was withheld as CSRS deductions (or if not withheld or if withheld and later refunded, 1.3 percent of basic pay for the period is deposited with interest computed under [§ 831.105(e)](/cfr/5/831.105.md?p=e) of this chapter); and
  - (2) For service performed after December 31, 1986, and before the effective date of the election, the employee contributes an amount equal to the percentage of basic pay for such service required to be withheld under [part 841](/cfr/5/part841.md), [subpart E](/cfr/5/subpartE.md) of this chapter, whether by withholdings from pay or by later deposit (if not withheld or withheld and later refunded) with interest computed under [§ 831.105(e)](/cfr/5/831.105.md?p=e) of this chapter.
- (b) Civilian service performed before the effective date of the FERS coverage which is not CSRS/SS service is creditable under FERS (subject to the deposit requirements of [part 842](/cfr/5/part842.md), [subpart C](/cfr/5/subpartC.md) of this chapter) if—
  - (1) The service would be creditable under CSRS except for [§ 846.306](/cfr/5/846.306.md) (determined without regard to whether the service was performed before, on, or after January 1, 1989, and without regard to the provisions of [part 842](/cfr/5/part842.md), [subpart C](/cfr/5/subpartC.md) of this chapter requiring that deposit be made for nondeduction or refunded service to be credited); and
  - (2) **The service, in the aggregate, is equal to less than 5 years.**
- (c) Civilian service performed before the effective date of FERS coverage which is not CSRS/SS service is creditable under FERS only for the purposes specified in [paragraph (d)](#d) of this section if—
  - (1) The service would be creditable under CSRS except for [§ 846.306](/cfr/5/846.306.md) (determined without regard to whether the service was performed before, on, or after January 1, 1989, and without regard to the provisions of [part 842](/cfr/5/part842.md), [subpart C](/cfr/5/subpartC.md) of this chapter, requiring that deposit be made for nondeduction or refunded service to be credited); and
  - (2) **The service, in the aggregate, is equal to 5 years or more.**
- (d) The service described in [paragraph (c)](#c) of this section is creditable under FERS for the following purposes:
  - (1) The 5 years of civilian service required to be eligible for a basic annuity under FERS as set forth in [§ 842.203](/cfr/5/842.203.md) of this chapter.
  - (2) **The minimum period of service for entitlement to—**
    - (i) An immediate voluntary annuity under FERS as set forth in [§ 842.204](/cfr/5/842.204.md) of this chapter;
    - (ii) An early retirement under FERS as set forth in [§ 842.205](/cfr/5/842.205.md) of this chapter;
    - (iii) An involuntary retirement under FERS as set forth in [§ 842.206](/cfr/5/842.206.md) of this chapter;
    - (iv) A Member retirement under FERS as set forth in [§ 842.209](/cfr/5/842.209.md) of this chapter;
    - (v) A military reserve technician retirement under FERS as set forth in [§ 842.210](/cfr/5/842.210.md) of this chapter;
    - (vi) A Senior Executive Service, Defense Intelligence Senior Executive Service, or Senior Cryptological Executive Service retirement under FERS as set forth under [§ 842.211](/cfr/5/842.211.md) of this chapter;
    - (vii) A deferred annuity under FERS as set forth in [§ 842.212](/cfr/5/842.212.md) of this chapter;
    - (viii) A survivor annuity under FERS based on the death in service of an employee with at least 10 years of service as set forth in [§ 843.310](/cfr/5/843.310.md) of this chapter, but only if the survivor is entitled to the basic employee death benefit described in [§ 843.309](/cfr/5/843.309.md) of this chapter;
    - (ix) A disability retirement under FERS as set forth in subchapter V of chapter 84 of title 5 United States Code;
    - (x) A firefighter or law enforcement annuity under FERS as set forth in [§ 842.208](/cfr/5/842.208.md) of this chapter, but only to the extent that the service was as a law enforcement officer or firefighter as described in [§ 842.809(b)](/cfr/5/842.809.md?p=b) of this chapter;
    - (xi) An air traffic controller annuity under FERS as set forth in [§ 842.207](/cfr/5/842.207.md) of this chapter, but only to the extent that the service was as an air traffic controller as described in [§ 842.809(a)](/cfr/5/842.809.md?p=a) of this chapter;
  - (3) The computation of benefits under [§ 846.304(b)](/cfr/5/846.304.md?p=b); and
  - (4) The computation of average salary under [§ 846.304(d)](/cfr/5/846.304.md?p=d).

## Notes

### Authority

Authority: 5 U.S.C. 8347(a) and 8461(g) and Title III of Pub. L. 99-335, 100 Stat. 517; Sec. 846.201(b) also issued under 5 U.S.C. 7701(b)(2) and section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 846.201(d) also issued under section 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 846.201(d) also issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 846.202 also issued under section 301(d)(3) of Pub. L. 99-335, 100 Stat. 517; Sec. 846.204(b) also issued under Title II, Pub. L. 106-265, 114 Stat. 778; Sec. 846.726 also issued under 5 U.S.C. 1104; subpart G also issued under section 642 of Pub. L. 105-61, 111 Stat. 1272.

### Source

Source: 52 FR 19235, May 21, 1987, unless otherwise noted.