---
kind: "section"
citation: "50 U.S.C. § 2152"
title: "50"
title_heading: "War and National Defense"
number: "2152"
heading: "Special rules relating to section 2013 criteria employees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/2152"
units:
  - "Chapter 38 — Central Intelligence Agency Retirement and Disability"
  - "Subchapter III — Participation in Federal Employees’ Retirement System"
---

# §2152. Special rules relating to section 2013 criteria employees

- (a) **In general—** Except as otherwise provided in this section, in the application of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 to an [employee](/usc/50/2001.md?p=9) of the [Agency](/usc/50/2001.md?p=1) who is subject to such chapter and is designated by the [Director](/usc/50/2001.md?p=2) under the criteria prescribed in [section 2013 of this title](/usc/50/2013.md), such [employee](/usc/50/2001.md?p=9) shall be treated for purposes of determining such [employee](/usc/50/2001.md?p=9)’s retirement benefits and obligations under such chapter as if the [employee](/usc/50/2001.md?p=9) were a law enforcement officer (as defined in [section 8401(17) of title 5](/usc/5/8401.md?p=17)).
- (b) **Voluntary and mandatory retirement—** The provisions of sections [2053](/usc/50/2053.md) and [2055](/usc/50/2055.md) of this title shall apply to [employees](/usc/50/2001.md?p=9) referred to in [subsection (a)](#a), except that the retirement benefits shall be determined under chapter 84 of title 5.
- (c) **Recall—**
  - (1) Except as provided in [paragraph (2)](#c-2), [section 2111 of this title](/usc/50/2111.md) shall apply to an [employee](/usc/50/2001.md?p=9) referred to in [subsection (a)](#a).
  - (2) Contributions during recall service shall be made as provided in [section 8422 of title 5](/usc/5/8422.md).
  - (3) When an [employee](/usc/50/2001.md?p=9) recalled under this subsection reverts to a retired status, the annuity of such [employee](/usc/50/2001.md?p=9) shall be redetermined under the provisions of chapter 84 of title 5.
- (d) **Employees disabled on duty—**
  - (1) **Definitions—** In this subsection—
    - (A) the term “affected [employee](/usc/50/2001.md?p=9)” means an [employee](/usc/50/2001.md?p=9) of the [Agency](/usc/50/2001.md?p=1) covered under subchapter II of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 who—
      - (i) is performing service in a position designated under [subsection (a)](#a);
      - (ii) while on duty in the position designated under [subsection (a)](#a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the [employee](/usc/50/2001.md?p=9) becomes entitled to an annuity under [section 2053 of this title](/usc/50/2053.md) or [section 8412(d)(1) of title 5](/usc/5/8412.md?p=d-1);
      - (iii) because of the illness or injury described in [clause (ii)](#d-1-A-ii), is permanently unable to render useful and efficient service in the [employee](/usc/50/2001.md?p=9)’s covered position, as determined by the [Director](/usc/50/2001.md?p=2); and
      - (iv) is appointed to a position in the civil service that is not a covered position but is within the [Agency](/usc/50/2001.md?p=1); and
    - (B) the term “covered position” means a position as—
      - (i) a law enforcement officer described in section [8331(20)](/usc/5/8331.md?p=20) or [8401(17)](/usc/5/8401.md?p=17) of title 5;
      - (ii) a customs and border protection officer described in section [8331(31)](/usc/5/8331.md?p=31) or [8401(36)](/usc/5/8401.md?p=36) of title 5;
      - (iii) a firefighter described in section [8331(21)](/usc/5/8331.md?p=21) or [8401(14)](/usc/5/8401.md?p=14) of title 5;
      - (iv) an air traffic controller described in section [8331(30)](/usc/5/8331.md?p=30) or [8401(35)](/usc/5/8401.md?p=35) of title 5;
      - (v) a nuclear materials courier described in section [8331(27)](/usc/5/8331.md?p=27) or [8401(33)](/usc/5/8401.md?p=33) of title 5;
      - (vi) a member of the United States Capitol Police;
      - (vii) a member of the Supreme [Court](/usc/50/2002.md?p=a-8) Police;
      - (viii) an affected [employee](/usc/50/2001.md?p=9); or
      - (ix) a special agent described in [section 4044(15) of title 22](/usc/22/4044.md?p=15).
  - (2) **Treatment of service after disability—** Unless an affected [employee](/usc/50/2001.md?p=9) files an election described in [paragraph (3)](#d-3), [creditable service](/usc/50/2002.md?p=a-4-C) by the affected [employee](/usc/50/2001.md?p=9) in a position described in [paragraph (1)(A)(iv)](#d-1-A-iv) shall be treated as [creditable service](/usc/50/2002.md?p=a-4-C) in a covered position for purposes of this chapter and [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5, including eligibility for an annuity under [section 2053 of this title](/usc/50/2053.md) or [8412(d)(1)](/usc/5/8412.md?p=d-1) of title 5 and determining the amount to be deducted and withheld from the pay of the affected [employee](/usc/50/2001.md?p=9) under [section 8422 of title 5](/usc/5/8422.md).
  - (3) **Break in service—** [Paragraph (2)](#d-2) shall only apply if the affected [employee](/usc/50/2001.md?p=9) transitions to a position described in [paragraph (1)(A)(iv)](#d-1-A-iv) without a break in service exceeding 3 days.
  - (4) **Limitation on treatment of service—** The service of an affected [employee](/usc/50/2001.md?p=9) shall no longer be eligible for treatment under [paragraph (2)](#d-2) if such service occurs after the [employee](/usc/50/2001.md?p=9) is transferred to a supervisory or administrative position related to the activities of the former covered position of the [employee](/usc/50/2001.md?p=9).
  - (5) **Opt out—** An affected [employee](/usc/50/2001.md?p=9) may file an election to have any [creditable service](/usc/50/2002.md?p=a-4-C) performed by the affected [employee](/usc/50/2001.md?p=9) treated in accordance with [chapter 84](/usc/5/chptIII/sptG/ch84.md) of title 5 without regard to [paragraph (2)](#d-2).

## Source credit

(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.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 302 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 625, related to special rules relating to employees designated under criteria of former section 203 of Pub. L. 88–643 and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

### Amendments

2022—Subsec. (d). Pub. L. 117–225 added subsec. (d).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2022 Amendment

Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.

### Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

### Regulations

For provisions relating to promulgation of regulations to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of Title 5, Government Organization and Employees.