§8402. Federal Employees’ Retirement System; exclusions — Inbound Citations
5 U.S.C. § 8402
Cited by 13 provisions in release 119-102.
Citations to §8402(a)
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(29) the term “System” means the Federal Employees’ Retirement System described in section 8402(a);
Citations to §8402(b)
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(D) is excluded from coverage under chapter 84 by section 8402(b),
Citations to §8402(b)(2)
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(I) employment of an individual described under section 8402(b)(2) of title 5; and
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(c) Each employee or Member credited with civilian service after July 31, 1920, for which retirement deductions or deposits have not been made, may deposit with interest an amount equal to the following percentages of his basic pay received for that service:Notwithstanding the preceding provisions of this subsection and any provision of section 206(b)(3) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in the case of an individual described in section 8402(b)(2) shall, with respect to any covered service (as defined by section 203(a)(3) of such Act) performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent, and, with respect to any such service performed after December 31, 1986, be equal to the amount that would have been deducted from the employee’s basic pay under subsection (k) of this section if the employee’s pay had been subject to that subsection during such period.
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(1) Effective with respect to pay periods beginning after December 31, 1986, in administering this section in the case of an individual described in section 8402(b)(2) of this title—(A) the amount to be deducted and withheld by the employing agency shall be determined in accordance with paragraph (2) of this subsection instead of subsection (a)(1)(A); and(B) the amount of the contribution under subparagraph (B) of subsection (a)(1) shall be the amount which would have been contributed under such subparagraph if this subsection had not been enacted.
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(A) the term “an individual described in section 8402(b)(2) of this title” shall be considered to include any individual—(i) who is subject to this subchapter as a result of a provision of law described in section 8347(o), and(ii) whose employment (as described in section 8347(o)) is also employment for purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986; and
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(1) Notwithstanding any other provision of this subchapter, if an individual under section 8402(b)(2) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act, the annuity otherwise payable to such individual shall be reduced under this subsection.
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(1) Notwithstanding any other provision of this subchapter—(A) a disability annuity to which an individual described in section 8402(b)(2) is entitled under this subchapter, and(B) a survivor annuity to which a person is entitled under this subchapter based on the service of an individual described in section 8402(b)(2),shall be subject to reduction under this subsection if that individual or person is also entitled (or would on proper application also be entitled) to any similar benefits under title II of the Social Security Act based on the wages and self-employment income of such individual described in section 8402(b)(2).
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(A) a disability annuity to which an individual described in section 8402(b)(2) is entitled under this subchapter, and
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(B) a survivor annuity to which a person is entitled under this subchapter based on the service of an individual described in section 8402(b)(2),
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(1) the terms “an individual under section 8402(b)(2)” and “an individual described in section 8402(b)(2)” shall each be considered to include any individual—(A) who is subject to this subchapter as a result of any provision of law described in section 8347(o), and(B) whose employment (as described in section 8347(o)) is also employment for purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986; and
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(3) An individual described in paragraph (1) shall be deemed to be an individual excluded under section 8402(b)(2) of title 5.
Citations to §8402(c)
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(ii) any individual excluded under section 8402(c) of this title;